1. Applicant's Name: a. Application Date: 28 February 2017 b. Date Received: 5 June 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for his discharge and its corresponding codes, including the reentry code. The applicant states, in pertinent part and in effect, since his separation, he transitioned from female to male and legally changed his name to _______. He requests the Board change his DD Form 214 to reflect his legal name. Additionally, his discharge under 'Don't Ask, Don't Tell' requires changing the narrative reason for separation to read "Secretarial Authority" and his reentry code to 1. His applications for jobs in law enforcement, unions, and other entities require disclosure of his DD Form 214 to confirm his military service. Currently, he is forced to disclose personal information about himself that exposes him to potential discrimination as a transgender person. This risk will continue until his DD Form 214 is corrected. In a records review conducted at Arlington, VA on 17 August 2018, 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 there were 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 / RE-4 / Honorable b. Date of Discharge: 24 August 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 July 2007 (2) Basis for Separation: The applicant submitted a letter indicating she (he) engages in, attempting to engage in, or has a propensity to engage in, or intends to engage in homosexual or bisexual acts. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 18 July 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 August 2007 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 August 2006 / 2 years b. Age at Enlistment / Education / GT Score: 21 / Baccalaureate Degree / 132 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 11 months, 27 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR 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: 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for the Correction of Military Record), dated 28 July 2016, with self-authored statement; applicant's separation file consisting of recommendations and decision memoranda; Trial Court Change of Names, dated 1 April 2011, with decree, dated 13 April 2011; doctor's letter, undated; pictures depicting social security card and passport; birth certificate; picture depicting driver's license; university transcript; 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 a change to the narrative reason for his discharge. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. 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, 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." The applicant contends that his name must be changed on his DD Form 214. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. Therefore, that portion of his request would be referred to the Army Board for Correction of Military Records (ABCMR), for its determination/disposition. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 August 2018, 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 there were 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 AR20170012653 1