1. Applicant's Name: a. Application Date: 18 April 2017 b. Date Received: 19 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, the record of discharge is unjust, because the applicant was separated under the "Don't Ask Don't tell" (DADT) policy that is no longer in effect. The narrative reason for discharge is preventing the applicant from obtaining a Certificate of Eligibility for housing. Although meeting eligibility requirements by serving during a time of war for more than 90 days on active duty, VA does not recognize the reason for discharge. With the current DADT policy, the applicant would have completed the full term of deployment. In a records review conducted at Arlington, VA on 13 March 2020, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge is now improper based on the current standard. The evidence of record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service. Further, the Board determined the available record shows no aggravating factors as defined in AR 635-200 related to the applicant's discharge. The Board voted to grant relief by changing the reason to "Secretarial Authority," under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Homosexual (Admission) / AR 635- 200, Paragraph 15-3b / JRB / NA / Honorable b. Date of Discharge: 3 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Active Duty in Support of OEF: 31 March 2008 / NTE 400 days, pursuant to OEF MOB Orders b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 119 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 3 years, 9 months, 21 days d. Prior Service / Characterizations: ARNG (23 December 2004 to 25 July 2006) / NA IADT (26 July 2006 to 15 September 2006) / HD ARNG (16 September 2006 to 30 March 2008) / NA (Continuous Service) e. Overseas Service / Combat Service: Germany/Kosovo / Kosovo (17 May 2008 to 20 September 2008) f. Awards and Decorations: NDSM; GWOTSM; KCM; ASR; OSR; AFRM-M DEV; NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for the Correction of Military Record), dated 18 April 2017, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S Currently, Chapter 15 is rescinded. However, 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. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for his discharge. The applicant's available record of service, and the issues and document submitted with his application were carefully reviewed. Upon examining the applicant's record of service, the available military records, and the issue submitted with the application, there are sufficient mitigating factors to determine the reason for the discharge is now inequitable based on the current standard. The available record of evidence confirms the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, in effect at the time, by reason of homosexual admission. Current law and regulations now allow Soldiers who are homosexual to serve openly. Former Soldiers who 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 contains no aggravating factors. At the time of the applicant's separation and based on the available record, 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. However, the narrative reason of the applicant's discharge and the reentry code are now inequitable based on the repeal of Don't Ask, Don't Tell (DADT) policy. It is proper to grant full relief by changing the reason to "Secretarial Authority," under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of "JFF," and a reentry code (RE) of "1." 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 March 2020, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge is now improper based on the current standard. The evidence of record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service. Further, the Board determined the available record shows no aggravating factors as defined in AR 635-200 related to the applicant's discharge. The Board voted to grant relief by changing the reason to "Secretarial Authority," under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 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 AR20170010606 1