1. Applicant's Name: a. Application Date: 21 January 2017 b. Date Received: 10 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, service in the United States Army has been the best experience of the applicant's life. The applicant would not be the same without the training and discipline developed during a stint as a Soldier. The separation from the Army was largely due to the conflict that existed between being a homosexual and the policies that were in place at the time. The applicant served to the best of ability and deserves the right to be discharged honorably. The applicant's goal is to rejoin the ranks and has made the decision to become a career Soldier. The first step in the process is to reenlist and the applicant wants the record to be set straight. Now the applicant can serve the country freely and not be afraid of what perils could occur now that "Don't Ask, Don't Tell" has been repealed. The applicant has had time to pursue personal endeavors and has achieved much during the time after being separated from the Army. The applicant is ready to return, matured, educated, and finished, to be the best Soldier possible. Enlisting in the Army was the best decision the applicant ever made and wants the record to reflect as much. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no BH, FAP or ASAP notes regarding the applicant. Review of VA records indicates the applicant has been diagnosed with PTSD and Major Depressive Disorder. In a records review conducted at Arlington, VA on 25 January 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. DADT and post-service diagnosis of PTSD and OBH), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Homosexual Conduct (Marriage or Attempted Marriage) / AR 635-200, Paragraph 15-3c / JRC / RE-4 /General (Under Honorable Conditions) b. Date of Discharge: 21 August 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 August 2009 (2) Basis for Separation: The applicant was informed of the following reasons: He gave an non rebutted statement indicating that he is homosexual and then presented a marriage certificate indicating that he was married to someone of the same gender. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 August 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 August 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2007 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15T10, UH-60 Helicopter Repairer / 5 years, 5 months, 11 day d. Prior Service / Characterizations: USAR, 11 March 2004 - 20 June 2005 / HD RA, 21 June 2005 - 4 September 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (18 August 2006 - 30 October 2007) f. Awards and Decorations: AAM-2, AGCM, NDSM GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Form 30 (Ontario Canada Marriage Certificate), dated 4 July 2008, reflects the applicant was married in Kingston Canada. Mental Status Evaluation, dated 17 July 2009, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant was mentally responsible with a clear thinking process. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JRB" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 15, paragraph 15-3b, Homosexual Admission. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's record of service and the issues submitted with her application were carefully reviewed. The evidence of record shows the applicant was discharged for entering into a marriage with a person of the same gender and thereby admitting to being homosexual with an general (under honorable conditions) 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 25 January 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. DADT and post-service diagnosis of PTSD and OBH), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / RE-1 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 AR20170001999 1