1. Applicant's Name: a. Application Date: 13 June 2017 b. Date Received: 27 June 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to general (under honorable conditions). The applicant seeks relief contending, in effect, the discharge should be changed because someone else told another the applicant was homosexual. The applicant really did not know what was happening and the next thing the applicant knew was of being discharged. The applicant would like the opportunity of joining the Army. 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 the applicant did not have a medical or behavioral health diagnosis during the time in service. In a records review conducted at Arlington, VA on 13 February 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on current standards. Therefore, the Board voted to grant relief in the form of a change to 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 / Uncharacterized b. Date of Discharge: 8 February 2005 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 3 February 2005 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she made a written statement stating she has engaged in homosexual activities. This statement demonstrates a propensity to continue to engage in homosexual conduct. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 3 February 2005, applicant waived legal counsel. (5) Administrative Separation Board: Applicant waived consideration of her case by an administrative separation board. (6) Separation Decision Date / Characterization: 3 February 2005 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 January 2005 / 4 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 1 month, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 31 January 2005, relates her mental status was within normal limits. She reports no psychiatric treatment history. She was cleared for separation as deemed appropriate by the chain of command. The applicant received several negative counseling statements regarding her separation action. 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 an upgrade of the characterization of service from uncharacterized to general (under honorable conditions). The applicant's record of service and the issues submitted with her application were carefully reviewed. The record confirms the applicant was in entry level status (ELS) at the time the unit commander initiated separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200 in effect at the time, by reason of homosexual admission. A Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier with a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions. The applicant seeks relief contending, her discharge should be changed because someone else told someone she was homosexual. This contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant further contends, she really did not know what was happening and the next thing she knew she was being discharged. The record of evidence shows that the applicant made a written statement stating she had engaged in homosexual activities. The applicant also acknowledged that she was personally served the letter of notification for separation The applicant would like the opportunity of joining the Army. If reenlistment is desired, the applicant should contact a local recruiter to determine her eligibility to reenlist. Further, the narrative reason for the applicant's discharge is now inequitable based on the current standard. Current law and regulations now allow Soldiers who are homosexual to serve openly. Former Soldiers that were 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. The applicant's record does not indicate the presence of any aggravating factors. In view of the foregoing, the narrative reason for the applicant's discharge and the reentry code being now inequitable. It appears the narrative reason should read "Secretarial Authority," under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of "JFF," with a reentry code (RE) of "1." The characterization of service was both proper and equitable. 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 13 February 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on current standards. Therefore, the Board voted to grant relief in the form of a change to 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 AR20170009899 1