1. Applicant's Name: a. Application Date: 2 January 2018 b. Date Received: 16 January 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable and to change the narrative reason and its corresponding codes for discharge. The applicant seeks relief contending, in pertinent part and in effect, the characterization and the narrative reason for discharge are in error and unjust, due to the repeal of the Don't Ask, Don't Tell (DADT) law. The counsel, on behalf of the applicant, added in effect, that the applicant's record contains no aggravating factors, such as misconduct. In a records review conducted at Arlington, VA on 4 March 2020, and by a 5-0 vote, the Board determined the applicant's characterization of service as uncharacterized was proper and equitable and voted not to change it. However, the Board found 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 "KFF" and a reentry code 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 / Uncharacterized b. Date of Discharge: 10 June 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 May 2003 (2) Basis for Separation: The applicant was informed his separation proceedings was initiated due to the applicant's admission of being homosexual. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 12 May 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 June 2003 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 January 2003 / 4 years b. Age at Enlistment / Education / GT Score: 19 / GED / 102 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 4 months, 11 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None 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 293 (Application for the Review of Discharge), dated 2 January 2018; Counsel-authored brief; and listed attachments as Exhibit A thru Exhibit L. 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 an upgrade of his uncharacterized discharge to honorable and to change the narrative reason and its corresponding codes for his discharge. The applicant's available 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. The record further confirms the applicant was in an entry level status at the time of his separation proceedings. Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when his separation is initiated while he is in entry level status. A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant's available service record contains no such unusual circumstances and his service did not warrant an honorable discharge. Further, an uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 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 "KFF," and a reentry code (RE) of "1." 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 4 March 2020, and by a 5-0 vote, the Board determined the applicant's characterization of service as uncharacterized was proper and equitable and voted not to change it. However, the Board found 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 "KFF" 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 AR20180002901 1