IN THE CASE OF:  

		BOARD DATE:  22 June 2022

		DOCKET NUMBER:  AR20220001028


APPLICANT REQUESTS:  change to the reason and the authority of her discharge to 
reflect more favorable designations.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record), 13 September 2021
*	Counsel Statement, September 2021
*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United 
States), 18 February 2003
*	Army Commendation Medal Certificate, 10 June 2005
*	AR 15-6 Report of Investigation, 4 January 2006
*	memorandum, 1st Medical Brigade, 13th Sustainment Command 
(Expeditionary), For Hood, 16 May 2006 (Separation Under Army 
Regulation 635-200, Paragraph 15-3b, Making a Statement that you are 
Homosexual or Bisexual)
*	memorandum, 13th Sustainment Command, Fort Hood, 5 June 2006
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), 23 June 
2006

FACTS:

1. The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 through counsel:

	a. She served honorably for over 3 years including a deployment to Iraq. She was 
discharged under the auspices of "Don't Ask Don't Tell" (DADT). As DADT has been 
repealed, she requests the Army Board for Correction of Military Records change her 
narrative reason for separation from homosexual admission to Secretarial Authority.

	b. She violated DADT when she created a social media profile on Myspace in 2005 
to connect with others to whom she could relate.

	c. Her narrative reason for discharge in inequitable as the record establishes she 
was discharged as a direct result of DADT. She suffered a great injustice. Her record is 
free of aggravating factors.

4. The applicant states:

	a. From a young age she wanted to be in the military. She enlisted following her 
graduation from high school. She was the only Black female in her unit. She dealt with 
micro-aggressions not only from the Soldiers but also her supervisor.

	b. Only after 3 years and 4 months she was discharged under DADT which barred 
openly gay and lesbian people from serving.

	c. The investigation concluded and she was ostracized from her unit and would hear 
Sergeants bragging about kicking Soldiers out for being gay.

	d. After leaving the Army she was devastated and a deep depression followed. 
Before entering the Army, she did not drink but after she could finish a liter in 2 days. It 
was hard adjusting to civilian life. It took her years to deal with the aftermath of this 
discharge. Eventually she got a civilian job working as an independent contractor with 
the military. She is president of her Black Student Union. She is working towards a 
degree in nursing.

	e. To prevent further discrimination on the basis of her sexual orientation and to 
show her honorable service, she requests the narrative reason be changed. 

5. The applicant's records contain sufficient evidence to support additional awards not 
shown on her DD Form 214. Her DD Form 214 will be administratively corrected without 
Board action to show:

	a. In block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized), award of:

*	Army Commendation Medal (ARCOM)
*	One bronze service star to her previously-issued Iraq Campaign Medal

	b. In block 18 (Remarks), "SERVICE IN IRAQ FROM 10 December 2004 to 
31 October 2005."

6. The Board will consider her request for a change to the authority and reason for her 
discharge. As an additional issue, the Board will consider her authorization for the 
award of the Army Good Conduct Medal for the period 18 February 2003 to 23 June 
2006.

7. On 18 February 2003, the applicant enlisted in the Regular Army for a period of 
4 years. She completed basic combat training, she completed Advanced Individual 
Training, and she was awarded military occupational specialty 91R (Veterinary Food 
Inspector). She attained the grade/pay grade specialist 4/E-4.

8. She served in Iraq from 10 December 2004 to 31 October 2005 (10 months and 
21 days).

9. A DD Form 4980-14 (Army Commendation Medal Certificate) shows she was 
awarded an ARCOM for service in Iraq as a Veterinary Food Inspection Specialist 
(Permanent Order 161-20, 43rd Medical Detachment (VS)), 10 June 2005.

10. On 4 May 2006, the Battalion Commander, 43rd Medical Evacuation Battalion, 
recommended her separation on the basis of Army Regulation 635-200, paragraph  
15-3b, for making a statement she was homosexual or bisexual. In his recommendation 
for discharge, her battalion commander recommended an honorable characterization of 
service and he noted, in part:

*	she had no reductions in grade/pay grade
*	there was no record of lost time
*	there were no records of nonjudicial punishment under provisions of Article 15 of 
the Uniform Code of Military Justice and there were no records of courts-martial
*	there was no other derogatory information other than an investigation due to her 
self-admission and reason leading to her separation

11. On 5 June 2006, the separation approval authority directed her administrative 
separation under the provisions of AR 635-200, paragraph 15-3b, with an honorable 
characterization of service, due to a statement that she made that she was homosexual 
or bisexual.

12. On 23 June 2006, she was honorably discharged. Her DD Form 214 shows in:

*	block 13 – she was awarded or authorized:

*	National Defense Service Medal
*	Iraq Campaign Medal
*	Global War on Terrorism Service Medal
*	Army Service Ribbon
*	block 23 (Type of Separation) – Discharge

*	block 24 (Character of Service) – Honorable
*	block 25 (Separation Authority) – Army Regulation 635-200, paragraph 15-3b
*	block 26 (Separation Code) – JRB
*	block 27 (Reentry Code) – 4
*	block 28 (Narrative Reason for Separation) – Homosexual Admission
*	block 29 (Dates of Time Lost During This Period) – None

13. Her records are void of any disciplinary actions or a commander's disqualification for 
award of the Army Good Conduct Medal for the period 18 February 2003 to 23 June 
2006. Further, there are no aggravating factors or record of misconduct related to the 
reason for her discharge.

14. She provided 130 pages of documents from her service record for Board 
consideration. 


BOARD DISCUSSION:

1. After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted. 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 admitted to her leadership her sexual orientation and 
her response 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.  Furthermore, the Board 
determined the applicant's service record did not reflect she was awarded the Army 
Good Conduct Medal (AGCM) and her record shows she received "excellent" conduct 
and efficiency ratings throughout her service. Based on this the Board determined relief 
was warranted and granted relief for correction of the applicant’s record and award of 
the Army Good Conduct Medal.  Therefore, relief was granted.

2. Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.


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 23 June 2006 showing in

*	block 13 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal

*	block 25 (Separation Authority):  Army Regulation 635-200, paragraph 5-3

*	block 26 (Separation Code):  JFF

*	block 27 (Reentry Code):  1

*	block 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):

A review of the applicant's records shows the following are not listed on her 
DD Form 214:  

	a. In block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized), award of:

*	Army Commendation Medal (ARCOM)
*	One bronze service star to her previously-issued Iraq Campaign Medal

	b. In block 18 (Remarks), "SERVICE IN IRAQ FROM 10 December 2004 to 
31 October 2005."


REFERENCES:

1. Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice. This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the ABCMR determines it 
would be in the interest of justice to do so.

2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel. At the time, Chapter 15 stated that homosexuality was incompatible with 
military service and provided for the separation of members who engaged in 
homosexual conduct or who, by their statements, demonstrated a tendency to engage 
in homosexual conduct.

3. 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 (DRB's) and Service Boards for Correction of Military/Naval Records 
(BCM/NR's) to follow when taking action on applications from former service members 
discharged under DADT or prior policies. This memorandum provided that, effective 
20 September 2011, Service DRB's should normally grant requests in these cases to 
change the:

*	character of service to honorable, if warranted
*	separation authority to "Army Regulation 635-200, paragraph 5-3"
*	separation program designator code to "JFF"
*	RE code to an immediately-eligible-to-reenter category "1"
*	narrative reason for discharge to "SECRETARIAL AUTHORITY"

4. Army Regulation 635-5 (Separation Documents) provides guidance for the 
preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the 
Soldier's most recent period of continuous active duty. It provides a brief, clear-cut 
record of active Army service at the time of release from active duty, retirement or 
discharge. 

	a. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized), List awards and decorations for all periods of service in the 
priority sequence specified in AR 600-8-22. Each entry will be verified by the soldier’s 
records. Do not use abbreviations.

	b. Block 18 (Remarks) is used for entries required by Headquarters, Department of 
the Army for which a separate block is not available and for completing entries that are 
too long for their blocks. 

	c. Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY 
DEPLOYED) FROM (inclusive dates)" will be entered in block 18 for active duty 
Soldiers deployed to a foreign country with their unit.

5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards. 

	a. The Army Good Conduct Medal is awarded to on a selective basis to each Soldier 
who distinguishes himself or herself from among his or her fellow Soldiers by exemplary 
conduct, efficiency, and fidelity throughout a specified period of continuous enlisted 
active Federal military service. There is no right or entitlement to the medal until the 
immediate commander has approved the award and the award has been announced in 
permanent orders.

		(1) The periods of service of qualifying service are:  (1) each 3 years completed 
on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the 
period 7 December 1941 to 2 March 1946; (3) for the first award only, upon termination 
of service on or after 27 June 1950 of less than 3 years but more than 1 year; (4) for the 
first award only, upon termination of service on or after 27 June 1950 of less than 1 year 
when final separation was by reason of physical disability incurred in line of duty; or (5) 
for the first award only, for those individuals who died before completing 1 year of active 
Federal military service or if the death occurred in the line of duty.

		(2) Throughout a qualifying period of service, the enlisted Soldier's character 
must have been above reproach and must meet all of the following criteria for award of 
the Army Good Conduct Medal as indicated in the Soldier's record:  willingly complied 
with the demands of the military environment, been loyal and obedient to his or her 
superiors, faithfully supported the goals of his or her organization and the Army, and 
conducted himself or herself in an exemplary manner as to distinguish him or her from 
fellow Soldiers.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20220001028


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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