1. Applicant’s Name: a. Application Date: 8 July 2015 b. Date Received: 9 July 2015 c. Counsel: [Redacted] 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation, the separation program designator (SPD) code, and the reentry eligibility (RE) code. The applicant seeks relief through counsel contending, in effect, given the fact that the applicant’s discharge was carried out pursuant to DADT, his exemplary service record, and in light of the changes to regulation since his separation from the Army. Per the Board’s Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had no mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, 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 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. 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.” (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Homosexual Conduct (Admission) / AR 635-200, Paragraph 15-3b / JRB / RE-4 / Uncharacterized b. Date of Discharge: 25 March 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 March 2004 (2) Basis for Separation: The applicant’s statement that he engaged in homosexual conduct demonstrates a propensity or intent to continue to engage in homosexual acts. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 8 March 2004, the applicant consulted with legal counsel, his election of rights were not properly signed by legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 12 March 2004 / Uncharacterized 4. SERVICE DETAILS: a. Date/Period of Enlistment: 5 February 2004 / 5 years b. Age at Enlistment/Education/GT Score: 27 / HS Graduate / 120 c. Highest Grade Achieved/MOS/Total Service: E-4 / None / 1 year, 4 months, and 6 days d. Prior Service/Characterizations: USCGR (25 September 2002-31 October 2002) / NA USCG (I November 2002-4 February 2004) / HD e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM-2, DOTOUR (Prior service) g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: DA Form 3822 (Report of Mental Status Evaluation), dated 12 February 2004, reflects the applicant was seen and cleared. His level of personal distress did not indicate retainability. While he denies being a risk to self or others, command may wish to move his paperwork along at the earliest opportunity. The applicant was counseled regarding the initiation of separation proceedings under provisions of AR 635-200, Chapter 15. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 8 July 2015, Attorney’s Brief, along with the following attachments: Attachment 1, DD Form 4/1, Enlistment/Reenlistment Document Armed; Attachment 2, DD Form 214; Attachment 3, DD Form 4/1, Enlistment/Reenlistment Document; Attachment 4, DA Form 4856, (Developmental Counseling Form); Attachment 5, DD Form 214; Attachment 6, Army Discharge Review Board-Case Report and Directive, Case No. AR20060000772 (18 January 2006); Attachment 7, Department of Defense Instructions (1332.28, Discharge Review Board (DRB) Procedures and Standards E3.l.2 (4 April 2004); Attachment 8, Memorandum from C.L.S., Under Secretary of Defense, to Secretaries of the Military Departments, Subject: Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code, 1 (20 September 2011); Attachment 9, Memorandum from C.L.S., Under Secretary of Defense, to Secretaries of the Military Departments, Subject: Repeal of Don't Ask Don't Tell and Future Impact on Policy, 2 (28 January 2011); Attachment 10, DA Form 2823, Sworn Statement of J.B. 27 February 2004); Attachment 11, Memorandum from DM C. LTC, AG Commanding for Commander, Manscen & Fort Leonard Wood, ATTN: ATZT-AG-TS-0 Fort Leonard Wood, Missouri 65473-5000, Subject: Separation UP Chapter 15, AR 635-200, SPC B., J.P., 6299, CO B, 43d AG Bn., Fort Leonard Wood, MO 65473 (12 March 2004); Attachment 12, Memorandum from CPT, AG, Commanding R.D.S. for Commander, 43d Adjutant General Battalion, ATTN: ATZT-RB, Fort Leonard Wood, Missouri 65473-5000, Subject: Separation UP Chapter 15, AR 635-200, SPC B., J.P.,6299, CO B, 43d AG Bn., Fort Leonard Wood, MO 65473 (10 March 2004); Attachment 13, Memorandum from CPT, AG, Commanding R.D.S. for SPC B., J.P., 6299, CO B, 43D AG BN, FLW, MO 65473, Subject: Separation UP AR 635-200, Chapter 15, Homosexual Conduct (8 March 2004); Attachment 14, Memorandum from SPC J.P.B. for Commander, 43d Adjutant General Battalion, ATTN: ATZT-RB, Fort Leonard Wood, Missouri 65473-5000, Subject: Separation UP Chapter 15, AR 635-200, SPC B, J.P., 6299, B, 43d AG Bn., Fort Leonard Wood, MO 65473 (8 March 2004); Attachment 15, DA Form 3881 Rights Warning Procedure/Waiver Certificate; and, Attachment 16, DA Form 3822 Report of Mental Status Evaluation (12 February 2004). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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. 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for separation, the separation program designator (SPD) code, and the reentry eligibility (RE) code. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was discharged for admitting to being homosexual with an uncharacterized characterization of service and the record does not indicate the presence of any aggravating factors as defined in AR 635-200. Current law and regulations now allow Soldiers who are homosexual to serve openly. Former Soldiers 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, 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 discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, 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 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. 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.” 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD code to JFF / Change to RE code to 1 f. Restore Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NCO – Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH – Behavioral Health HD - Honorable Discharge NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011732 4