1. Applicant's Name: a. Application Date: 10 December 2015 b. Date Received: 14 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for her discharge. The applicant seeks relief contending, in effect, she was not ready to have her career ended due to Don't Ask, Don't Tell (DADT). There was no proof of her sexual orientation at the time her unit presented the allegations. She was in no position to oppose the allegations because she had just given birth. Her JA representative advised that if she accepted the allegations and left quietly, she would receive an honorable discharge. The reason for her discharge should reflect hardship, because she gave birth and did not have guardianship for family readiness established. She adds that she was boarded as an officer on 14 April 2007 and upon reporting to her commander, she was informed of the allegations and subsequently her rank was changed back to E-5 and her direct commissioned officer packet disappeared. Her additional request is to change her rank to Second Lieutenant. She would do anything to still serve in the military. In a records review conducted at Arlington, VA on 22 February 2017, 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 was discharged for being homosexual with an honorable characterization of service. 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 AR 135-178, Chapter 14. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / Honorable b. Date of Discharge: 14 September 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 July 2005 / 5 years (USAR) b. Age at Enlistment / Education / GT Score: 24 / BS Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 96B20, Intelligence Analyst / 5 years, 6 months, 18 days d. Prior Service / Characterizations: ARNG, 27 February 2002 to 12 January 2003 / NA IADT, 13 January 2003 to 19 August 2003 / HD ARNG, 20 August 2003 to 14 January 2004 / NA ADSW, 15 January 2004 to 30 September 2004 / HD ARNG, 1 October 2004 to 13 July 2005 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: 1 February 2006 thru 31 January 2007, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with discharge orders. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Chapter 10 (in effect at the time and currently rescinded) referenced regulations, in effect at the time, such as AR 600-20 stipulating general policies concerning homosexual conduct, and statutory provisions and commander guideline for fact-finding inquiries; AR 195-2 stipulating guidance on criminal investigation of sexual misconduct, and AR 380-67 offering guidance on personnel security and clearance matters relating to homosexual conduct. Chapter 10 further stipulated that homosexual conduct was grounds for discharge from the ARNGUS and USAR under the criteria of paragraph 10-3, including pre-service, prior-service, or current-service homosexual conduct. The term "homosexual conduct" included homosexual acts, a statement by a Soldier that demonstrates a propensity or intent to engage in homosexual acts, or a homosexual marriage or attempted marriage. A statement by a Soldier that demonstrates a propensity or intent to engage in homosexual acts was grounds for discharge not because it reflected the Soldier's sexual orientation, but because the statement indicated a likelihood that the Soldier engaged in or would engage in homosexual acts. A Soldier's sexual orientation was considered a personal and private matter, and was not a bar to continued service unless manifested by homosexual conduct as described in paragraph 10-3. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for her discharge. The applicant's available record of service, and the issues and document submitted with her application were carefully reviewed. The available evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 135-178, in effect at the time, by reason of homosexual conduct. The applicant completed over five years of active and inactive military service, attained the grade of E-5, and had no derogatory information in her service record. Although the facts and circumstances are not in the record, the award of an honorable characterization of service is normally indicative of the absence of aggravating factors. 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 available record does not indicate the presence of any aggravating factors. The applicant contends the discharge was unjust because there was no proof of her sexual orientation, and although the applicant requested to change the reason for her discharge to hardship, there is no record or documentary evidence to support it. There is also a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request to change the narrative reason for her discharge to hardship. The applicant also requests that her rank to second lieutenant be restored. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in her discharge affecting her rank, she may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. The applicant contends she would do anything to serve in the military. However, if reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former Service member as to the needs of the Army at the time, and are required to process waivers, if appropriate. At the time of the applicant's separation and based on the available record, 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. However, the narrative reason for the applicant's discharge is now inequitable based on the repeal of Don't Ask, Don't Tell (DADT) policy. It is proper to grant full relief by changing the reason to "Secretarial Authority," under the provisions of AR 135-178, Chapter 14. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 22 February 2017, 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 was discharged for being homosexual with an honorable characterization of service. 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 AR 135-178, Chapter 14. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change Authority to: AR 135-178, Chapter 14 e. Change SPD / RE Code to: NA / NA f. Restore (Restoration of) Grade to: No Change To: ARBA Promulgation Team, Arlington, VA Date: 23 February 2017 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: (X) Change Narrative Reason to Secretarial Authority. (X) Change Authority to AR 135-178, Chapter 14. 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 AR20160001082 1