1. Applicant's Name: a. Application Date: 20 April 2017 b. Date Received: 9 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation to include the reentry eligibility (RE code). The applicant seeks relief contending, in effect, would like to change the reentry code in order to get back in the military. The applicant was honorably discharged for being gay and since the law was passed, should be able to reenlist. In a records review conducted at Arlington, VA on 16 January 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the circumstances surrounding the discharge. 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: 6 November 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 September 2007 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she professed yourself to be a homosexual which condition makes it unlawful to continue her military service. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: NIF, the applicant waived legal counsel. (5) Administrative Separation Board: Waived consideration of her case by an administrative separation board. (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 April 2006 / 3 years, 10 weeks / block 12a on the applicant's DD Form 214, dated entered active duty this period is incorrect, should read as annotated in the Case Report and Directive. b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support Systems Specialist / 2 years, 8 months, 15 days d. Prior Service / Characterizations: ARNG, 22 February 2005 to 10 April 2005 / NA IADT, 11 April 2005 to 28 October 2005 / HD ARNG, 29 October 2005 to 3 April 2006 / HD e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 31 October 2006 to 4 August 2007 f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 11 July 2007, relates that the applicant had an Axis I diagnosis of occupational problems. There was no evidence of a mental disorder that would require separation through medical channels. She was psychiatrically cleared for any administrative action deemed appropriate by Command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 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 to include the RE code. 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 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 16 January 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the circumstances surrounding the discharge. 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: 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 AR20170007318 1