1. Applicant's Name: a. Application Date: 29 May 2017 b. Date Received: 5 June 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to receive tuition assistance. In a records review conducted at Arlington, VA on 3 October 2018, and by a 5-0 vote, the Board determined that the discharge was improper due to current military standards. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of 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 / Chapter 15-3b / JRB / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 30 January 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 January 2006 (2) Basis for Separation: The applicant was informed of the following reasons: on 14 December 2005, he made a statement to the Battalion Physician's Assistant CPT K., when asked if he had any problems, in the effect of "Sir, I am gay, and have a boyfriend." On 15 December 2005, he stated to his command that he was a homosexual and intended to engage in homosexual acts. He further stated he had been of this orientation since the age of ten and had previous boyfriends and frequented homosexual bars. He declined to go into details concerning what homosexual acts he had performed. He indicated he met a man on the internet and intended to meet with him and engage in homosexual acts as soon as possible. Previous to these statements he was suspected of engaging in homosexual conduct, but there was no credible information that supported an investigation as outlined in AR 600-30; the previous incidents included capricious claims by other Soldiers, homosexual pornography and his homosexually inspired poetry. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 January 2006 (5) Administrative Separation Board: The applicant waivered consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2004 / 3 years, 16 weeks (The applicant extended his enlistment 4 months on 13 September 2004, giving him a new ETS date of 29 November 2007. b. Age at Enlistment / Education / GT Score: 18 / GED / 93 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13D10, Field Artillery Automated Technical Data System Specialist / 1 year, 10 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 28 September 2005, for making an official false statement to the First Sergeant on 21 August 2005 that he had mailed his wife's belongings to her. The punishment consisted of reduction to E-2, forfeiture of $323 pay, and extra duty and restriction for 14 days. CG Article 15, dated 18 October 2005, for failure to go at the time prescribed to his appointed place of duty on 29 August 2005. The punishment consisted of reduction to E-1, forfeiture of $288 pay, extra duty for 14 days, and restriction. Counseling statement for violation of Article 92(2) and advising him of his right. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293 and DD Form 214. 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 his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was separated under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission, with a general (under honorable conditions) discharge. The regulation, in effect at the time, stipulated that an honorable discharge was a separation with honor and was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and performance of duty or was otherwise so meritorious that any other characterization would be clearly inappropriate. In cases where no aggravating factors were present, the characterization of the discharge would reflect the character of the Soldier's overall record of service. On 28 September 2005 and 18 October 2005, the applicant received Article 15s for making an official false statement to the First Sergeant and failing to go at the time prescribed to his appointed place of duty and had an negative counseling statements, which would have given the commander the basis to recommend a general (under honorable conditions) discharge. By the misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge, at the time of separation. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance such that he should have been retained on Active Duty. It should be noted; 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 as defined in AR 635-200. However, the board can determine that the narrative reason for the applicant's discharge and the reentry code are now inequitable based on the Don't Ask, Don't Tell (DADT) policy and grant full relief by changing the narrative reason to "Secretarial Authority," under the provision of Chapter 5-3, AR 635-200, with a corresponding SPD Code of "JFF," and a reentry code (RE) 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 3 October 2018, and by a 5-0 vote, the Board determined that the discharge was improper due to current military standards. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of Chapter 5, Paragraph 5-3, AR 635- 200, with a corresponding separation (SPD) code of JFF, and the reentry code to RE-1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20170012686 1