1. Applicant's Name: a. Application Date: 28 February 2017 b. Date Received: 16 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, homosexual conduct is no longer a reason for separation and did not want to be separated. The applicant was a good Soldier, but feared for safety as the applicant knew it eventually would become known. In a records review conducted at Arlington, VA on 14 August 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the 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 the reentry code to RE- 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-3 / Honorable b. Date of Discharge: 10 November 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 November 2004 (2) Basis for Separation: The applicant was informed of the following reasons: He had created a rebuttable presumption that indicates he engaged in, attempted to engage in, or had a propensity to engage in, or intended to engage in homosexual or bisexual acts. He had the burden to present evidence to refute the presumption, should he desired to do so. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 3 November 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 November 2004 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 September 2002 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 1 month, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: GWOTEM, GWOTSM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum For Record, dated 19 September 2003, reflects on 23 September 2004, CH L approached the applicant's commander and his office to inform him that one of his Soldiers, the applicant, had confided in CH L that he was a homosexual. CH L informed the applicant's commander that the Soldier had visited mental health and was encouraged to see the chaplain. Upon meeting with the CH L, the applicant admitted that he was a homosexual. CH L also informed the applicant's commander that the applicant had waived his right to confidentiality. On 24 September 2004, under advice of counsel, the applicant's commander conducted an interview of the applicant to judge whether or not the commander believed the applicant to be credible in his claim of homosexuality. After conducting the interview with the applicant, the commander was convinced that he was credible and believed that he was truthful in stating that he was a homosexual. On 18 October 2004, the commander formally counseled the applicant and informed him that the commander would be considering action to separate him from the Army under AR 635-200, Chapter 15. Developmental Counseling Form, dated 18 October 2004, reflects the applicant was counseled by his commander for his homosexual admission and that the commander was considering taking action to separate him from service under AR 635-200, Chapter 15. 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 a change to the narrative reason for separation. 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 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 14 August 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the 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 the reentry code to RE-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, 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 AR20170003761 1