1. Applicant's Name: a. Application Date: 26 July 2017 b. Date Received: 3 August 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 The applicant seeks relief contending, in pertinent part and in effect, the narrative reason for discharge is no longer current under military law, is derogatory and discriminatory to the applicant' character. Therefore, it is unfair to continue its stigma and the public perception of the applicant's character. The applicant is currently married with three children. In a records review conducted at Arlington, VA on 13 December 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge and its corresponding codes are now improper based on the current standard. Further, the Board determined there were no aggravating factors as defined in AR 635-200 related to the applicant's discharge. Therefore, the Board voted to grant relief by changing the reason for discharge to "Secretarial Authority," under the provisions of AR 635-200, Chapter 5, paragraph 5-3, with a corresponding SPD Code of "JFF" and a reentry code of "1." (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Homosexual Act / AR 635-200, Paragraph 15-3a / JRA / RE-4 / Honorable b. Date of Discharge: 24 March 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 March 2003 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant stated that he was homosexual and that military life was incompatible with his feelings. Therefore, the applicant was advised that according to AR 635-200, paragraph 15-3(b)(2), his statement created a rebuttal presumption that he engaged in, attempted to engage in, have a propensity to engage in, and/or intent to engage in homosexual acts. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 11 March 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 March 2003 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 September 2001 / 3 years (according to enlistment contract, which differs from the information on DD Form 214) b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 6 months, 14 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: Report of Mental Status Evaluation, dated 18 February 2003, psychiatrically cleared the applicant for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Forms 149 and 293 (Application for Correction of Military Record and Application for the Review of Discharge), dated 26 July 2017; marriage certificates; two birth certificates; 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 documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was separated under the provisions of Chapter 15, paragraph 15-3a, AR 635-200, by reason of homosexual acts, with an honorable discharge. 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. 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. 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, current standard provides that the narrative reason of the applicant's discharge and its corresponding codes are now improper 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 December 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge and its corresponding codes are now improper based on the current standard. Further, the Board determined there were no aggravating factors as defined in AR 635-200 related to the applicant's discharge. Therefore, the Board voted to grant relief by changing the reason for discharge to "Secretarial Authority," under the provisions of AR 635-200, Chapter 5, paragraph 5-3, with a corresponding SPD Code of "JFF" and a reentry code 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 AR20170012885 1