IN THE CASE OF:  

BOARD DATE:  22 June 2022

DOCKET NUMBER:  AR20210014894


APPLICANT’S REQUEST: removal of the homosexual admission reference as her 
narrative reason for separation.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.  

2.  The applicant states that she believes the narrative reason for her separation should 
be removed because the homosexual conduct listed does not support the current 
diverse military.  She was young, suffering from depression. and didn't know who she 
was. She had just gotten back from serving in Bosnia and was going through marital 
problems.

3.  The applicant enlisted in the Regular Army for 4 years on 21 June 1996.

4.  The complete facts and circumstance surrounding the applicant's discharge are not 
available.  The applicant's discharge packet is not filed in the official military personnel 
file (OMPF). Due to the lack of evidence we are unable to determine the specific 
circumstance(s) that led to her discharge; however, although the applicant's separation 
packet is not available, in light of the DD Form 214, the Board presumes the applicant's 
leadership completed her separation properly.

5.  A copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) 
shows she was discharged on 11 August 1999 under the provisions of Army Regulation 
635-200, Chapter 15, paragraph 15-3B (Homosexual Admission) with a characterization 
of service of honorable. She had 2 years, 11 months and 15 days of net active service, 
with 2 years of foreign service; and was awarded or authorized the Army Service 
Ribbon, Overseas Service Ribbon, Air Assault Badge, Sharpshooter Badge with Rifle 
Badge, and Driver and Mechanic Badge.  

6.  The applicant's record documents no acts of valor, significant achievement, or 
service warranting special recognition. The applicant has provided no information that 
would indicate the contrary.

7.  The Don't Ask Don't Tell (DADT) policy was implemented in 1993.  This policy 
banned the military from investigating service members regarding their sexual 
orientation.  Under the previous policy, service members may have been investigated 
and administratively discharged if they made a statement that they were lesbian, gay or 
bisexual; engaged in physical contact with someone of the same sex for the purposes of 
sexual gratification; or married, or attempted to marry, someone of the same sex.

8.  The DADT Repeal Act of 2010 was a landmark U.S. Federal statute enacted in 
December 2010 that established a process for ending the DADT policy, thus allowing 
gays, lesbians, and bisexuals to serve openly in the U.S. Armed Forces.  It ended the 
policy in place since 1993 that allowed them to serve only if they kept their sexual 
orientation secret and the military did not learn of their sexual orientation.

9.  The Under Secretary of Defense for Personnel and Readiness memorandum, dated 
20 September 2011, subject:  Correction of Military Records Following Repeal of 
Section 654 of Title 10, U.S. Code, provides policy guidance for Service Discharge 
Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records 
(BCM/NRs) to follow when taking action on applications from former service members 
discharged under DADT or prior policies.  


BOARD DISCUSSION:

After review of the application and all evidence, and in light of the repeal of "Don't Ask, 
Don't Tell" with commensurate changes in law regarding homosexuality, the Board 
determined there is sufficient evidence to grant relief. The Board carefully considered 
the applicant's record of service, documents submitted in support of the petition and 
executed a comprehensive and standard review based on law, policy and regulation.  
Upon review of the applicant’s petition and available military records the Board 
determined the applicant sexual orientation and conduct influenced the discharge 
determination.  With the circumstances discussed in this case, the Board agreed it is 
equitable to correct the applicant's narrative reason, separation code and reentry code.  
Therefore, relief was granted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by issuing the applicant a 
new DD Form 214 for the period ending 11 August 1999 showing in 

•	item 25 (Separation Authority):  Army Regulation 635-200, paragraph 5-3
•	item 26 (Separation Code):  JFF
•	item 27 (Reentry Code):  1
•	item 28 (Narrative Reason for Separation):  Secretarial Authority


		 

I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.


ADMINISTRATIVE NOTE(S):  Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice. 
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so. 

2.  Army Regulation 635-200, currently in effect, governs the separation of enlisted 
personnel.  The version in effect at the time provided that:

   a.  Paragraph 5–3 (Secretarial plenary authority) provides that:

		(1)  Separation under this paragraph is the prerogative of the Secretary of the 
Army.  Secretarial plenary separation authority is exercised sparingly and seldom 
delegated.  Ordinarily, it is used when no other provision of this regulation applies, and 
early separation is clearly in the best interest of the Army. Separations under this 
paragraph are effective only if approved in writing by the Secretary of the Army or the 
Secretary’s approved designee as announced in updated memorandums.	

		(2)  Secretarial separation authority is normally exercised on a case-by-case 
basis but may be used for a specific class or category of Soldiers.  When used in the 
latter circumstance, it is announced by special Headquarter, Department of the Army 
directive that may, if appropriate, delegate blanket separation authority to field 
commanders for the class category of Soldiers concerned.

   b.  Chapter 15 prescribes the current criteria and procedures for the investigation of 
homosexual personnel and their discharge from the Army.  When the sole basis for 
separation is homosexuality, a discharge under other than honorable conditions may be 
issued only if such characterization is otherwise warranted and if there is 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; 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, the type of 
discharge will reflect the character of the Soldier's service.

3.  The DADT policy was implemented in 1993.  This policy banned the military from 
investigating service members regarding their sexual orientation.  Under the previous 
policy, service members may have been investigated and administratively discharged if 
they made a statement that they were lesbian, gay or bisexual; engaged in physical 
contact with someone of the same sex for the purposes of sexual gratification; or 
married, or attempted to marry, someone of the same sex.

4.  The DADT Repeal Act of 2010 (Title 10, U.S. Code, Section 654) was a landmark 
U.S. federal statute enacted in December 2010 that established a process for ending 
the DADT policy, thus allowing gays, lesbians, and bisexuals to serve openly in the U.S. 
Armed Forces.  It ended the policy in place since 1993 that allowed them to serve only if 
they kept their sexual orientation secret and the military did not learn of their sexual 
orientation.
5.  Under Secretary of Defense for Personnel and Readiness memorandum, dated 20 
September 2011, subject:  Correction of Military Records Following Repeal of Section 
654 of Title 10, U.S. Code, provides policy guidance for Service DRBs and Service 
BCM/NRs to follow when taking action on applications from former service members 
discharged under DADT or prior policies.  

	a.  This memorandum provided that effective 20 September 2011, Service DRBs 
and BCM/NRs should normally grant requests in these cases to change the following:

*	item 24 to "Honorable"
*	item 25 to "Army Regulation 635-200, paragraph 5-3"
*	item 26 to "JFF"
*	item 27 to "1"
*	item 28 to "Secretarial Authority"

	b.  For the above upgrades to be warranted, the memorandum states both of the 
following conditions must have been met:

*	the original discharge was based solely on DADT or a similar policy in place prior 
to enactment of DADT
*	there were no aggravating factors in the record, such as misconduct

	c.  Although each request must be evaluated on a case-by case basis, the award of 
an honorable or general discharge should normally be considered to indicate the 
absence of aggravating factors.

	d.  Although BCM/NRs have a significantly broader scope of review and are 
authorized to provide much more comprehensive remedies than are available from the 
DRBs, it is Department of Defense (DoD) policy that broad, retroactive corrections of 
records from applicants discharged under DADT [or prior policies] are not warranted.  
Although DADT is repealed effective 20 September 2011, it was the law and reflected 
the view of Congress during the period it was the law.  Similarly, Department of Defense 
regulations implementing various aspects of DADT [or prior policies] were valid 
regulations during that same or prior periods.  Thus, the issuance of a discharge under 
DADT [or prior policies] should not by itself be considered to constitute an error or 
injustice that would invalidate an otherwise properly-taken discharge action.

	e.  The DD Form 214 should be reissued in lieu of the DD Form 215 (Correction of 
the DD Form 214), to avoid a continued record of the homosexual separation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont.)	 AR20210014894


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20210014894


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ABCMR Record of Proceedings (cont)	AR20210014894


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