1. Applicant’s Name: a. Application Date: 13 December 2014 b. Date Received: 5 February 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, he believes he was forced out of the military due to his sexual orientation. He was not fully aware that the officers and sergeants were permitted to use derogatory terms towards privates consisting of a person’s sexual orientation. He was fully committed to the military and knew about the “don't ask, don't tell” policy but upon entering the Army was constantly harassed due to his "assumed" sexual orientation which happened to be true. In a records review conducted at Arlington, VA on 11 May 2016, and by a 5-0 vote, the Board after carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the applicant’s characterization of service was proper and equitable and voted not to change it. However, the Board found the narrative reason for the applicant’s discharge is now inequitable based on current standards. The evidence of record shows the applicant while in entry level status, was discharged for admitting to being homosexual without any aggravating factors as defined in AR 635-200 in effect at the time. Accordingly, the Board voted to grant partial 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, paragraph 5-3, AR 635-200, with a corresponding Separation Program Designator (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 / Uncharacterized b. Date of Discharge: 5 November 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 October 2004 / 6 years and 24 weeks b. Age at Enlistment/Education/GT Score: 20 years / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-1 / None / 29 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None. 7. REGULATORY CITATION(S): Currently, Army Regulation (AR) 635-200, Chapter 15 is rescinded. However, AR 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 an upgrade of his uncharacterized discharge to honorable and a change to his narrative reason for discharge. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. However, the narrative reason for the applicant’s discharge is now inequitable based on the current standard. The record confirms the applicant was in an entry level status (ELS) at the time of discharge. A Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier with a probationary period. Army Regulation 635- 200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. Furthermore, for Soldiers in entry-level status, an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. No such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable characterization. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record Additionally, current law and regulations now allows 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. At the time of the applicant’s separation, 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. However, the narrative reason of the applicant’s discharge and the reentry code are now inequitable based on the Don’t Ask, Don’t Tell (DADT) policy. It is proper to grant full relief by changing the reason 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.” 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 11 May 2016, and by a 5-0 vote, the Board after carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the applicant’s characterization of service was proper and equitable and voted not to change it. However, the Board found the narrative reason for the applicant’s discharge is now inequitable based on the current standard. The evidence of record shows the applicant while in entry level status, was discharged for admitting to being homosexual without any aggravating factors as defined in AR 635-200 in effect at the time. Accordingly, the Board voted to grant partial 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, paragraph 5-3, AR 635-200, with a corresponding Separation Program Designator (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 Narrative Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD Code to: JFF f. Change Reentry Eligibility (RE) Code to: 1 g. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150002792 1