1. Applicant's Name: a. Application Date: 19 May 2015 b. Date Received: 4 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable and a change to her narrative reason for separation. The applicant seeks relief contending, in effect, her request is based on the repeal of "Don't Ask Don't Tell." In a records review conducted at Arlington, VA on 7 December 2016, and by a 5-0 vote, 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. 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 Admission / AR 635-200, Paragraph 15-3b / JRB / RE-4 / Uncharacterized b. Date of Discharge: 27 March 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 March 2002 (2) Basis for Separation: The applicant stated she was homosexual and although she had not engaged in any homosexual activities since enlisting in the Army, she made a written statement that she intended to openly continue to engage in homosexual activities if she remained in the Army. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 18 March 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 March 2002 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 November 2001 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 4 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statement for entry level separation i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Currently, Chapter 15 is rescinded. However, 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 an upgrade of her uncharacterized discharge to honorable and a change to her narrative reason for separation. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. 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. 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 her service did not warrant an honorable characterization. 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. 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 7 December 2016, and by a 5-0 vote, 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. 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 to JFF/ Change RE code to 1 f. Restore Grade to: No Change Authenticating Official: 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 AR20150017213 1