1. Applicant's Name: a. Application Date: 8 February 2017 b. Date Received: 7 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to narrative reason for discharge. The applicant seeks relief contending, in effect, the DD Form 214 unfairly discloses the applicant's sexual preference. The applicant has had trouble getting employment for jobs that the applicant is more than qualified for and believes it is due to the DD Form 214 saying the applicant was discharged for homosexual conduct (admission). The applicant served for over five years in the military and had recently reenlisted for an additional three years. Besides that fact it unfairly characterizes the applicant, it is extremely embarrassing to have that on such an important document. By changing the reason for discharge it will prevent the applicant from being discriminated against. In a records review conducted at Arlington, VA on 29 May 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the circumstances surrounding the discharge (i.e. DADT, Current Standard). Therefore, the Board directed the issue of a new DD Form 214 changing 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 Admission / AR 635-200, Paragraph 15-3b / JRB / RE-4 / Honorable b. Date of Discharge: 1 February 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 December 2006 (2) Basis for Separation: The applicant was informed of the following reasons: for homosexual conduct. The applicant admitted to having had homosexual relations on 21 December 2006. After conducting a fact-finding inquiry, it was determined that the applicant had the propensity and desire to engage in homosexual acts. IAW AR 635-200, Chapter 15-3b, in use at the time shows that his statements created a rebuttable presumption that he engaged in, had a propensity to engage in, or intended to engage in homosexual acts. He was informed that he would have the opportunity to rebut this presumption by presenting evidence that demonstrated that he did not engage in, attempt to engage in, have a propensity to engage in or intend to engage in homosexual acts. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 29 December 2006, the applicant declined legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 January 2007 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 June 2006 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B2P, Infantryman / 5 years, 7 months, 4 days d. Prior Service / Characterizations: RA, 28 June 2001 to 31 January 2006 / HD RA, 1 February 2006 to 25 June 2006 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (24 June 2002 to 12 December 2002) and Iraq (5 August 2003 to 10 April 2004) f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTEM, GWOTSM, ICM, ASR, CIB g. Performance Ratings: May 2004 to April 2005, Marginal May 2005 to April 2006, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF 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): 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 a change to his narrative reason for discharge. 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 29 May 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the circumstances surrounding the discharge (i.e. DADT, Current Standard). Therefore, the Board directed the issue of a new DD Form 214 changing 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: In a records review conducted at Arlington, VA on 29 May 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the circumstances surrounding the discharge (i.e. DADT, Current Standard). Therefore, the Board directed the issue of a new DD Form 214 changing 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. 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, 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 AR20170003254 1