IN THE CASE OF: Mr. BOARD DATE: 18 March 2015 CASE NUMBER: AR20140006777 ___________________________________________________________________________ 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 the reentry code and narrative reason for his separation. 2. The applicant states, in effect, a change to his reentry code and narrative reason for discharge will align with current laws and regulations; thus, preventing future privacy violations in his civilian life. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 April 2014 b. Discharge Received: Honorable c. Date of Discharge: 22 March 2002 d. Reason/Authority/SPD/RE Code: Homosexual Admission, AR 635-200, Chapter 15-3b, JRB, RE-4 e. Unit of assignment: E Company, 309th Military Intelligence Battalion, 111th Military Intelligence Brigade, Fort Huachuca, AZ f. Current Enlistment Date/Term: 21 June 2001/5 years g. Current Enlistment Service: 9 months, 2 days h. Total Service: 9 months, 2 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 125 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 21 June 2001 for a period of 5 years. He was 19 years old at the time of entry and a high school graduate. He completed 9 months and 2 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Huachuca, Arizona. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record indicates that on 14 March 2002, the unit commander notified the applicant of initiation of discharge proceedings under the provisions of AR 635-200, Chapter 15-3b, by reason of homosexual conduct. The applicant admitted to his company commander in a written statement that he was gay. 2. The unit commander recommended a characterization of service of honorable and advised the applicant of his rights. 3. On 18 March 2002, although the applicant waived his right to consult, he consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board, and elected not to submit a statement on his behalf. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge. 4. On 19 March 2002, the separation authority directed the applicant’s discharge with an honorable characterization of service. 5. The applicant was separated with an honorable discharge on 22 March 2002, under Army Regulation 635-200, Chapter 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 3822-R (Report of Mental Status Evaluation), dated 1 March 2002, reflects that the applicant had a clear and normal thought process and was mentally responsible. 2. One counseling statement, dated 7 March 2002, notification of recommendation of separation under the provisions of AR 635-200, Chapter 15. 3. Servicemembers Legal Defense Network letter addressed to the company commander, dated 8 February 2002, addresses the applicant’s disclosure of his sexual orientation and the recommended actions to take. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 11 April 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None were 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for the discharge and to the reentry code was carefully considered. 2. After examining the applicant’s service record and the issues submitted with the application, there are sufficient mitigating factors to merit a change to the applicant’s reason for discharge based on the current standard. 3. The record confirms the applicant was discharged under the provisions of AR 635-200, Chapter 15-3b, in effect at the time, by reason of homosexual admission. The record also indicates the applicant had completed nine months and two days of active military service, attained the grade of E-2, and had no derogatory information in his 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 being now inequitable, recommend the Board grant full relief by changing the reason to “Secretarial Authority,” under the provisions of AR 635-200, Chapter 5-3, 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: 18 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) AR20140006777 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1