Applicant Name:  ?????

Application Receipt Date: 2011/11/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The narrative reason on my DD-214 and the re-entry code have negatively impacted my civilian life.  I am a very different person than I was in 2007.  I divorced my wife as a result of this disclosure.  I reached out for spiritual guidance and through god (sic) I am a changed person.  I am now remarried and I have two additional small children. I would like to fight for custody of my children from my previous marriage.  I want to move on with my life, but I am forced to explain this situation and it has negatively impacted my life as I had to explain it multiple times.  I  was questioned about it when i applied to be an adoptive parent.  It was also brought up during my background investigation for a security clearance for a civilian government job.  Don't Ask Don't tell has been repealed and I believe that I should have the opportunity to reenlist as I miss my service in the military and I have always been proud to serve.  As we approach veteran's day this year, I no longer want to be ashamed of my military service."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 061102
Discharge Received: 			   Date: 070128   Chapter: 15-3b      AR: 635-200
Reason: Homosexual Conduct (Admission)	   RE:     SPD: JRB   Unit/Location: B Co, 8th Psychological Operations Bn (ABN), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 041215    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02  Yrs, 04  Mos, 14  Days ?????
Total Service:  		09  Yrs,  06  Mos, 29  Days ?????
Previous Discharges: 	RA-970630-990926/HD
                                       RA-990927-030722/HD
                                       RA-030723-041214/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 37F3P Psyop Spec/19K3P K4 M1 Armor Crewman     GT: 100   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Afghanistan (041211-041218)/Iraq (051031-060528)
Decorations/Awards: ARCOM, AAM-6, AGCM-3, NDSM, ICM, GWOTSM, NCOPDR-2, ASR, OSR, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed 





VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 2 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission with an honorable discharge.  The applicant admitted to his company commander in a counseling statement that he was homosexual and had engaged in or had the propensity to engage in homosexual acts.  He was advised of his rights.  
       
       On 3 November 2006, the applicant waived legal counsel, was advised of the impact of the discharge action,  and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army with an honorable characterization of service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  
       
       On 7 November 2006, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service.   

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 15 of that regulation 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 Army 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 are present, the type of discharge would reflect the character of the Soldier’s overall record of service.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the issues submitted with the application, the analyst determined that the narrative reason for the applicant’s separation is now inequitable based on the current standard.
       
       The evidence of record shows that 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.  The analyst further noted that the applicant record does not contain any derogatory information.
       
       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 analyst recommends to the Board to grant relief in the form of a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF,” and a reentry eligibility (RE) code of “1.”

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA
Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (111107).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for the applicant’s separation is now inequitable based on the current standard.  The evidence of record shows that the applicant was discharged for admitting to being homosexual with an honorable discharge.  The Board determined there were no aggravating factors as defined in AR 635-200, related to the applicant’s discharge.  

Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s separation to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF,” and a reentry eligibility (RE) code of “1."
      
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Secretarial Authority under Provisions of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF” and the separation authority to "AR 635-200, paragraph 5-3."
Other: The separation authority to "AR 635-200, paragraph 5-3."
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board



BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????





Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110023080
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