IN THE CASE OF: Mr. BOARD DATE: 13 March 2015 CASE NUMBER: AR20140006221 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 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. 2. 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, paragraph 5-3, AR 635-200, with a corresponding Separation Program Designator (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 an upgrade to his uncharacterized discharge to honorable. 2. The applicant states, in effect, he joined the military and while in basic training he admitted to his drill sergeant that he was homosexual. He contends, since his discharge, he has been unsuccessful in rejoining the military. He has graduated from medical school and desires to reenlist in the Air National Guard and become an officer. The applicant did not present any issues of equity or propriety for the Board to consider. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 April 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 22 December 2003 d. Reason/Authority/SPD/RE Code: Homosexual Admission, AR 635-200, Chapter 15-3b, JRB, RE-4 e. Unit of assignment: Battery D, 1st Battalion, 19th Field Artillery, Fort Sill, OK f. Current Enlistment Date/Term: 20 November 2003/4 years g. Current Enlistment Service: 1 month, 3 days h. Total Service: 1 month, 3 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: None m. GT Score: 129 n. Education: College Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 20 November 2003, for a period of 4 years. He was 23 years old at the time of entry and a college graduate. His record is void of any significant acts of valor and achievement. He completed 1 month and 3 days of active duty service. When his discharge proceedings were initiated, he was in basic training at Fort Sill, OK. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record indicates that on 11 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, AR 635-200, by reason of homosexual conduct. The applicant admitted to his unit commander and drill sergeant in a sworn statement that he was a homosexual. 2. The unit commander recommended the applicant’s discharge with service uncharacterized and advised the applicant of his rights. 3. On 11 December 2003, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not a statement on his behalf. The unit commander subsequently recommended separation from the Army. 4. The separation authority approved the separation action and directed the applicant’s discharge with service uncharacterized. 5. The applicant was separated with an uncharacterized discharge on 22 December 2003, under Army Regulation 635-200, Chapter 15, paragraph 15-3b, for homosexual admission, with an SPD Code of JRB and an 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. DA Form 2823 (Sworn Statement), dated 9 December 2003, reflects the applicant admitted to his drill sergeant that he was homosexual. 2. Two counseling statements, dated 30 November 2003 and 1 December 2003, for homosexual admission. 3. DA Form 3822-R (Report of Mental Status Evaluation), dated 9 December 2003, reflects the applicant had clear and normal thought process and content, was mentally responsible, and had no psychiatric disease or defects that warranted disposition through medical channels. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 28 March 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant states he graduated from medical school. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his service was carefully considered. However, after examining the applicant’s service record, and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. However, the narrative reason for the applicant’s discharge is now inequitable based on the current standard. 2. The record confirms the applicant was in entry level status (ELS) at the time the unit commander initiated separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200 in effect at the time, by reason of homosexual admission. 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. 3. 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. 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 being now inequitable, recommend the Board grant 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. The characterization of service was found to be proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 13 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 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: No Change 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) AR20140006221 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1