1. Applicant's Name: a. Application Date: 21 February 2018 b. Date Received: 26 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for discharge and its corresponding codes, including the reentry code. The applicant states, in pertinent part and in effect, an upgrade would allow reenlistment with the Navy JAG. The current discharge bars the applicant from reenlisting at this time. In a records review conducted at Arlington, VA on 30 October 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge is now inequitable 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 Conduct (Admission) / AR 635-200, Paragraph 15-3b / JRB / RE-4 / Honorable b. Date of Discharge: 25 June 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 May 2009 (2) Basis for Separation: On 17 April 2009, the applicant made a statement to her commander that she is homosexual or words to that effect. That statement created a rebuttal presumption that she engages in, attempting to engage in, or has a propensity to engage in, or intends to engage in homosexual acts. The applicant bears the responsibility to rebut the presumption. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 6 May 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 May 2009 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 July 2008 / 6 years b. Age at Enlistment / Education / GT Score: 25 / 13 years / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 9 years, 8 months, 26 days d. Prior Service / Characterizations: ARNG (30 September 1999 to 7 February 2000) / NA IADT (8 February 2000 to 30 June 2000) / UNC ARNG (1 July 2000 to 29 September 2005) / HD USAR (30 September 2005 to 7 November 2006) / NA RA (8 November 2006 to 28 November 2007) / HD RA 29 November 2007 to 23 July 2008) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: ARCOM; NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Applicant-authored statement, dated 15 April 2009, admitting to engaging in homosexual acts. There is no adverse information in the applicant's record. 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 27 February 2018. 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 her discharge. The applicant's record of service and the issues submitted with her 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 its corresponding codes 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 "KFF," and a reentry code (RE) of "1." 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 30 October 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's discharge is now inequitable 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: 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 AR20180003182 1