IN THE CASE OF: Ms. BOARD DATE: 4 March 2015 CASE NUMBER: AR20140005362 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, 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. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests a change to her narrative reason for discharge. 2. The applicant states, in effect, that her request is based on the repeal of the Don’t Ask Don’t Tell (DADT) policy. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge received: Honorable c. Date of Discharge: 9 April 2010 d. Reason/Authority/SPD/RE: Homosexual Admission, AR 635-200, Chapter 15-3b JRB, RE-4 e. Unit of assignment: HHC, 402d BSB, 5th Bde (SBCT), 2nd IN Div, Fort Lewis, WA f. Current Enlistment Date/Term: 9 October 2008, 4 years g. Current Enlistment Service: 1 year, 6 months, 1 day h. Total Service: 1 year, 6 months, 1 day i. Time lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 27D10, Paralegal Specialist m. GT Score: 106 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (090709-100316) q. Decorations/Awards: ACM-w/CS, NDSM, GWOTSM, ASR, NATO MDL r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 9 October 2008, for a period of 4 years. She was 19 years old at the time of enlistment and a high school graduate. Her record indicates she served in Afghanistan and achieved the rank of PFC/E-3. She was serving at Fort Lewis, WA when her discharge was initiated. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record indicates on 6 March 2010, the unit commander notified the applicant of initiation of discharge proceedings under the provisions of Chapter 15, AR 635-200, by reason of homosexual conduct. The applicant created a statement on 12 February 2010, which stated she had engaged in homosexual acts, to wit: she had recently engaged, and had plans to be married to a person of the same sex on 12 February 2010. 2. The unit commander recommended a characterization of service of honorable and advised the applicant of her rights. 3. On 6 March 2010, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board, and did not submit a statement on her behalf. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed action and recommended approval with a honorable discharge. 4. On 10 March 2010, the separation authority directed the applicant’s discharge with an honorable characterization of service. 5. The applicant was separated with an honorable characterization of service on 9 April 2010, under Army Regulation 635-200, Chapter 15, paragraph 15-3b for homosexual admission, with an SPD Code of JRB and a RE code of 4. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The applicant's sworn statement, dated 12 February 2010. 2. The applicant's record contains no counseling statements, or actions under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149 in lieu of a DD Form 293, a copy of Army Directive 2011-01 (Repeal of "Don't Ask, Don't Tell") and supporting documents. POST-SERVICE ACTIVITY: None provided with the application. REGULATORY AUTHORITY: 1. 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. 2. 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. 3. 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. 4. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 5. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for the discharge was carefully considered. 2. After examining the applicant’s service record, the documents and the issues submitted with the application, there are sufficient mitigating factors to merit a change to the applicant’s narrative reason for discharge based on the current standard. 3. The record confirms the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, in effect at the time, by reason of homosexual admission. The record also indicates the applicant had completed one year and six months of active military service, attained the grade of E-3, and had no derogatory information in her service record. 4. 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. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. In view of the foregoing, the narrative reason of the applicant’s discharge and the reentry code now being inequitable, recommend the Board grant full relief by changing the narrative 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.” SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 4 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: NA Change Reason to: Secretarial Authority Change Authority for Separation: AR 635-200, Chapter 5-3 Change RE Code to: 1 Grade Restoration to: NA Other: Separation Program Designator (SPD) code to JFF Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140005362 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1