Applicant Name:  ?????

Application Receipt Date: 2011/08/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "This is my second time asking for a correction to my DD214. The first time was to upgrade my discharge from "under honorable conditions" to "honorable" in which I was approved by the board. I was discharged on grounds of homosexual addmission. I assume at the time my discharg was ugraded I had to keep RE 4 because at the time DADT was still the military policy. Hence, since the ban of DADT I would like to re-join the military to continue to serve my country. As of lately, my RE code is holding me back from doing so. I am respectfully asking for my RE code to be changed so I can rejoin the troops."

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: 040831
Discharge Received: 			   Date: 041008   Chapter: 15       AR: 635-200
Reason: Homosexual Admission	   RE:     SPD: JRB   Unit/Location: Alpha Company, 26th Forward Support Battalion, Fort Stewart, GA 

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:  20
Current ENL Date: Reenl/021105    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1 Yrs, 11  Mos, 4  Days ?????
Total Service:  		4 Yrs, 2  Mos, 28  Days ?????
Previous Discharges: 	RA 000711-021104/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Spec   GT: 95   EDU: HS Grad   Overseas: Germany (010131-030127)   Combat: None
Decorations/Awards: NDSM, GWTSM, ASR, OSR, PUCA

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 August 2004, 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 her company commander in a sworn statement that she was homosexual and had the propensity to engage in homosexual/bisexual acts.  She was advised of her rights.  
       
       On 1 September 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board, contingent upon her receiving a characterization of service no less favorable than an honorable discharge and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval of the separation with an honorable discharge.  
       
       On 14 September 2004, the separation authority waived further rehabilitative transfer requirements and directed the applicant’s separation from the Army with a general, under honorable conditions discharge.  
       
       Subsequently, the applicant applied to the Army Discharge Review Board for an upgrade of her characterization of service and the board granted relief in the form of an upgrade of the characterization of service to "Honorable" on 15 August 2008, which is annotated in the applicant's Official Military Personnel Record (OMPF).   

       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, the issue and documents 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 had completed 4 years, 2 months, and 28 days total of active military service after reenlisting, attained the grade of E-4, and had no derogatory information in her service record.  
       
       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 will consider 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 that the narrative reason of the applicant’s discharge be changed to “Secretarial Authority,” under the provisions of Chapter 5-3b, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.”

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 12 August 2011, upgraded DD Form 214 with an "Honorable" characterization of service for the period ending 8 October 2004.  

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 discharge 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 characterization of service.  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 discharge to “Secretarial Authority,” under the provisions of Chapter 5-3b, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.”
        
IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
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 the provisions of Chapter 5-3b, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.”
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20110016649
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