1. Applicant's Name: a. Application Date: 19 December 2015 b. Date Received: 20 December 2015 ` c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his current narrative reason for discharge has prevented him from receiving benefits from the VA. In a records review conducted at Arlington, VA on 3 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 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. (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 / Honorable b. Date of Discharge: 4 May 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 22 March 2010, administrative separation proceedings were initiated. On 9 April 2010, administrative separation proceedings were re-initiated against the applicant. (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he admitted in a sworn statement to his company commander that he and his partner want to get married in late March. He created a rebuttable presumption that indicates he engage in, attempt to engage in, or have a propensity to engage in, or intend to engage in homosexual acts and a homosexual marriage. He has the burden to present evidence to refute this presumption, should he so desire. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 23 March 2010, the applicant initially consulted with legal counsel and the notification memorandum stated that the approval authority for his separation was the Brigade Commander. However, the change to DoDI 1332.14 on 29 March 2010, withheld the approval authority to a General Officer in the Soldier's chain of command. Due to this change, administrative separation proceedings were re-initiated against the applicant on 9 April 2010. On 10 April 2010, the applicant returned to TDS and was counseled again on his rights regarding his administrative separation action and waived his right to appear before an administrative separation board. On 14 April 2010, the applicant submitted an election of rights memorandum waiving his right to have a General or Flag Officer in his chain of command initiate a fact-finding inquiry regarding his homosexual conduct; to have a General or Flag officer in his chain of command initiate separation proceedings against him for homosexual conduct, to have an O-5 (Lieutenant Colonel) or above, conduct a fact-finding inquiry regarding his homosexual conduct in his case, and to have a General or Flag officer in his chain of command act as the separation authority. The applicant further stated that he would "allow any lower commander permitted under the regulation to make the separation determination." (5) Administrative Separation Board: Waived (6) Separation Decision Date / Characterization: On 28 April 2010, the separation authority approved the applicant's unconditional waivers and directed his discharge with an honorable characterization of service. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 June 2009 / 3 years, 26 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92W10, Water Treatment Specialist / 10 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA 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 149 and two DD Forms 214. The applicant stated in his application that he submitted medical documents and rehab, PTSD, eating, anger and trauma documents; however, none of these documents were attached with his 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 a change to the narrative reason for separation. 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 honorable 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 separation (SPD) code of JFF, and a reentry eligibility (RE) code 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 3 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 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. 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 to 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 AR20160019529 1