1. Applicant's Name: a. Application Date: 13 January 2016 b. Date Received: 22 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, under current standards, she would not have received the type of discharge that she did. The applicant contends that her record of being AWOL, after returning from South Korea, reflects her inability to serve under the same person who assaulted and persecuted her for the majority of her overseas tour. Further stating that her record, prior to her AWOL, reflects that she was an excellent service member. The applicant alleges that her command abused its authority when they decided to discharge her. In a records review conducted at Arlington, VA on 10 May 2017, 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. Based on the evidence of record, the Board determined there were aggravating factors (i.e. AWOL and drug use) present 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 AR 635-200, Chapter 5-3, with a corresponding Separation Program Designator (SPD) Code of JFF. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Homosexual Conduct (Admission) / AR 635-200 / Chapter 15-3b / JRB / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 11 September 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 August 2003 (2) Basis for Separation: The applicant admitted to being homosexual and had the intent to engage in homosexual activities while in the Army. Her continued presence in the military will impair unit morale, discipline, and good order. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 September 2003 (5) Administrative Separation Board: (applicant provided) Conditionally waived, 22 August 2003, contingent upon her receiving a characterization of service of honorable. Conditionally waived, 3 September 2003, contingent upon her receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 4 September 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2000 / 3 years b. Age at Enlistment / Education / GT Score: 17 / GED /108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 12C10, Bridge Crewmember / 2 years, 4 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Four Personnel Action forms reflect the applicant's duty status changed as follows: from "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 8 January 2002 from "AWOL" to "Present for Duty (PDY)," effective 10 January 2002 from "PDY" to "AWOL," effective 19 January 2002 from "AWOL" to "Dropped From Rolls (DFR)," effective 20 February 2002 FG Article 15, dated 25 November 2002, for absenting herself from her unit (19 January 2002), dropped from the rolls (20 February 2002), returned to her unit (1 November 2002) and for wrongfully using THC (on or about 10 January 2002). The punishment consisted of forfeiture of $552 pay (suspended), extra duty for 45 days (excluding 28 November, 24-25 and 31 December 2002 and 1 January 2003), and restriction for 45 days. Developmental Counseling Form, dated 8 August 2003, for Chapter 15 counseling. Report of Mental Status Evaluation, dated 12 August 2003, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant report some depressive symptoms. i. Lost Time / Mode of Return: 286 days (AWOL, 8 to 9 January 2002 and 19 January to 31 October 2002) / surrendered to military control j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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 an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record shows the applicant was separated under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission, with a general under honorable conditions discharge. The regulation, in effect at the time, stipulated that an honorable discharge was a separation with honor and was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and performance of duty or was otherwise so meritorious that any other characterization would be clearly inappropriate. In cases where no aggravating factors were present, the characterization of the discharge would reflect the character of the Soldier's overall record of service. The record of service reflects that on 25 November 2002, the applicant received an Article 15 for being AWOL and for wrongfully using THC, which would have given the commander the basis to recommend a general (under honorable conditions) discharge. By the misconduct, the applicant diminished the quality of her service below that meriting an honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained. However, 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 as defined in AR 635-200. The records show the proper discharge and separation authority procedures were followed in this case. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 10 May 2017, 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. Based on the evidence of record, the Board determined there were aggravating factors (i.e. AWOL and drug use) present 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 AR 635-200, Chapter 5-3, with a corresponding Separation Program Designator (SPD) Code of JFF. 11. 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. SPD/RE Code Change to: Change SPD to JFF/ No change to RE code f. Restoration to Grade: 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 AR20160004666 1