1. Applicant's Name: a. Application Date: 7 December 2015 b. Date Received: 11 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation, to include the reentry eligibility (RE code). The applicant seeks relief contending, in effect, the laws in the military regarding sexual preference have changed since her discharge. In a records review conducted at Arlington, VA on 15 March 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge is now inequitable based on the current standard. The evidence of record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service. Further, the Board determined there were no aggravating factors as defined in AR 635-200 related to the applicant's discharge. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant's discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Homosexual Admission / AR 635-200, Paragraph 15-3b / JRB / RE-4 / Honorable b. Date of Discharge: 14 June 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant made a sworn statement on 31 January 2005 to the company commander and the first sergeant that she was homosexual. She created a refutable presumption that indicated that she engaged in, attempts to engage in, or has a propensity to engage in, or intends to engage in homosexual acts. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 27 April 2005 (5) Administrative Separation Board: Waived (6) Separation Decision Date / Characterization: 7 May 2005 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 November 2000 / 4 years / retained in service 213 days for the convenience of the government per USC 10, 12305. b. Age at Enlistment / Education / GT Score: 23 / Associate's Degree / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 4 years, 7 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / NIF(specific location & dates) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 13 April 2005, reflects the applicant is planning to enter into a homosexual marriage at some future date, but denies that she is sexually active in theater. The applicant had no evidence of thought disorder or memory impairment at time of session. She denies any suicidal or homicidal ideation and was not in a hostile work environment. She was psychiatrically cleared for any action deemed appropriate by command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 15 stated that active homosexuality was incompatible with military service and provided, in pertinent part, for the separation of members who actively engaged in homosexual conduct or who, by their statements, demonstrated a tendency to engage in homosexual conduct. The Regulation stated that when the sole basis for separation was homosexuality, a discharge under other than honorable conditions may be issued only if such characterization was warranted in accordance with Chapter 3, Section III, and if there was a finding that during the current term of service the Soldier attempted, solicited, or committed a homosexual act by using force, coercion or intimidation; with a person under 16 years of age; with a subordinate in circumstances that violate customary military superior subordinate relationships; openly in public view; for compensation; aboard a military vessel or aircraft; or in another location subject to military control if the conduct had, or was likely to have had, an adverse impact on discipline, good order, or morale due to the close proximity of other Soldiers of the Armed Forces. In all other cases where no aggravating factors were present, the type of discharge would reflect the character of the Soldier's overall record of service. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for separation, to include the reentry eligibility (RE code). The applicant's record of service and the issues submitted with her application were carefully reviewed. The evidence of record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service and the record does not indicate the presence of any aggravating factors as defined in AR 635-200. Current law and regulations now allow Soldiers who are homosexual to serve openly. Former Soldiers discharged under the old policy may request a change to the reason for their separation invoking the current standard. The Board considers any aggravating factors and in their absence, will change the narrative reason for the discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding separation (SPD) code of JFF, and a reentry eligibility (RE) code of 1. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 March 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge is now inequitable based on the current standard. The evidence of record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service. Further, the Board determined there were no aggravating factors as defined in AR 635- 200 related to the applicant's discharge. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant's discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF / Change RE code to 1 f. Restore Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150019252 1