1. Applicant's Name: a. Application Date: 29 March 2016 b. Date Received: 8 April 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he served without incident for 4 years, 6 months, and 22 days before he was discharged solely because of his sexual orientation. Under the language provided by the Army Review Boards Agency, this is a situation that clearly and convincingly deserves to be rectified in light of the applicant's quality of service and accomplishments since his inequitable discharge from the Army in 2005. In a records review conducted at Arlington, VA on 31 May 2017, and by a 5-0 vote, the Board determined the characterization of the applicant's service is improper and the reason for the separation is now inequitable based on the current standard. The service record shows the applicant was discharged for admitting to being homosexual with a general, under honorable conditions characterization of service. 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 an upgrade of the characterization to honorable and 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 / Chapter 15-3b / JRB / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 20 January 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 December 2004 (2) Basis for Separation: The applicant created a rebuttable presumption that indicates he engaged in, attempted to engage in, or have a propensity to engage in, or intended to engage in homosexual or bisexual acts. The applicant had the burden to present evidence to refute this presumption, had he desired to do so. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 22 December 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 December 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 June 2000 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15T10, UH-60 Helicopter Repairer / 4 years, 6 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, Korea / Iraq (28 October 2003 to 15 August 2004) f. Awards and Decorations: AAM, NDSM, ASR, OSR, GWOTEM, GWOTSM, KDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Mental Status Report memo, dated 6 October 2004, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant purchased and managed a successful bistro, was hired as Operations and Marking Director for a private company, and worked as UH-60 Mechanical Technician for the Army overseas. 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, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was separated under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission, with a general under honorable conditions discharge. The regulation, in effect at the time, stipulated that an honorable discharge was a separation with honor and was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and performance of duty or was otherwise so meritorious that any other characterization would be clearly inappropriate. In cases where no aggravating factors were present, the characterization of the discharge would reflect the character of the Soldier's overall record of service. However, current law and regulations now allow Soldiers who are homosexual to serve openly. Former Soldiers that were 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. The applicant's record does not indicate the presence of any aggravating factors as defined in AR 635-200. The applicant contends that he had good service, which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 31 May 2017, and by a 5-0 vote, the Board determined the characterization of the applicant's service is improper and the reason for the separation is now inequitable based on the current standard. The service record shows the applicant was discharged for admitting to being homosexual with a general, under honorable conditions characterization of service. 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 an upgrade of the characterization to honorable and 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: Honorable 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 to 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 AR20160007779 2