1. Applicant's Name: a. Application Date: 20 December 2018 b. Date Received: 26 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, the discharge was inequitable because the "Don't ask, don't tell" policy was repealed on 20 September 2011. Had the policy been in place while the applicant was serving, the applicant would not have been discharged. The applicant had no other incidents. The discharge is preventing the applicant from becoming a police officer. In a records review conducted at Arlington, VA on 6 May 2020, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the circumstances surrounding the discharge, current standards. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 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: 18 July 2006 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 5 July 2006 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; she voluntarily stated that she was homosexual. She has created a rebuttable presumption that indicates she engage in, attempt to engage in, or have a propensity to engage in, or intend to engage in homosexual acts. She has the burden to present evidence to refute this presumption, should she so desire. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 6 July 2006 (5) Administrative Separation Board: The applicant voluntarily waive consideration of her case by an administrative separation board contingent upon receiving an entry-level separation with uncharacterized service. (6) Separation Decision Date / Characterization: 13 July 2006 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 May 2006 / 20 weeks / IADT b. Age at Enlistment / Education / GT Score: 18 years / NIF / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 5 months, 22 days d. Prior Service / Characterizations: USAR, 27 January 2006 to 22 May 2006 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated13 June 2006, revealed. The applicant volunteered that she was homosexual and told her Command on her own free will. She voluntarily agreed to this evaluation. Her mental status reflects stable mood, linear flow of thought, appropriate thought content and speech WNL. No evidence of audio of visual hallucinations or delusions, psychosis or paranoia. Mental status was normal. There was no evidence of a mental or emotional diagnosis or of a substance abuse disorder. She desired to be separated from the Military. She was able to comprehend and participate in any administrative action deemed appropriate. She was psychiatrically cleared for any administrative action. The applicant received several negative counseling statements regarding Chapter 15 separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; Texas Wesleyan University, Bachelor of Science Degree; Chapter 15 discharge documents (three pages); and two marriage licenses (four pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided a document that shows she earned a Bachelor of Science Degree. 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 the characterization of service from uncharacterized to honorable and a change to the narrative reason for separation to include the RE code. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant was in entry level status (ELS) at the time the unit commander initiated separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200 in effect at the time, by reason of homosexual admission. A Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier with a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. An honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant seeks relief contending, her discharge was inequitable because the "Don't ask, don't tell" policy was repealed on 20 September 2011; had the policy been in place while she was serving, she would not have been discharged. At the time of discharge, there was a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discharged. The rationale the applicant provided as the basis for what she believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The applicant further contends, her discharge is preventing her from becoming a police officer. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, the narrative reason for the applicant's discharge is now inequitable based on the current standard. 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. In view of the foregoing, the narrative reason for the applicant's discharge and the reentry code are now inequitable. It appears the narrative reason should read "Secretarial Authority," under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of "JFF," with a reentry code (RE) of "1." The characterization of service was both proper and equitable. 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 6 May 2020, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the circumstances surrounding the discharge, current standards. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 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 AR20190001366 1