Applicant Name:  ?????

Application Receipt Date: 2011/10/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was based on an isolated incident.  He was discharged under the old "Don't ask, don't tell" policy and has been denied access to his GI Bill, of which he paid the $1200 required fee.  It has been impossible for him to gain employment due to the narrative reason of his discharge.  He would like that the reason for his discharge as listed in his DD Form 214 be changed to something less alienating.  He requests an upgrade of his characterization of service to fully honorable so that he may go to school.

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: NIF
Discharge Received: 			   Date: 090224   Chapter: 15-3b       AR: 635-200
Reason: Homosexual Conduct (Admission)	   RE:     SPD: JRB   Unit/Location: 189th MP Co, Fort Jackson, SC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant after achieving the grade of E-4  was reduced in rank and discharged as an E-1.  The Article 15 that reduced him in rank is not contained in the record.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 071120    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 03  Mos, 05  Days ?????
Total Service:  		03 Yrs, 04  Mos, 26  Days ?????
Previous Discharges: 	RA-050929-071119/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 31E10/Corrections Specialist   GT: NIF   EDU: NIF   Overseas: Cuba   Combat: None
Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, ASR, OSR-2

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JRB (i.e., homosexual admission) with a reentry eligibility (RE) code of "4."

       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 were 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 available military records during the period of enlistment under review, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation with a general under honorable conditions characterization of service.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents (i.e., discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  
       
       Moreover, 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 available record does not indicate the presence of any aggravating factors.  Therefore, the analyst determined that the applicant's narrative reason for discharge is now inequitable based on the current standard. 
       
       The analyst noted the applicant's issue about being denied access to his GI Bill benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       In view of the foregoing, the analyst determined the characterization of service was proper and equitable and recommends to the Board that the applicant's request for a change in the characterization of the discharge be denied.   However, in view of the current standard, the analyst recommends that the applicant's narrative reason for the discharge be changed to “Secretarial Authority,” under the provisions of Chapter 5, 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: 9 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and DD Form 214 for the period of enlistment under review.

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 applicant’s characterization of service was proper and equitable and voted not to change it.  However, the Board found the narrative reason for the applicant’s discharge is now inequitable based on the current standard.  The available evidence of record (DD Form 214) shows the applicant was discharged for admitting to being homosexual without any aggravating factors.  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, AR 635-200 with a corresponding SPD Code of “JFF.” 

Further, notwithstanding the analyst's recommendation, in reviewing the applicant's record of service, the Board noted that the applicant was reduced in grade from Specialist (E-4) to Private (E-1).  This is a significant reduction in grade indicating misconduct; however, the documents that would explain this action are not included in the applicant's service record.  Additionally, the record contains a memorandum dated 1 July 2008 disqualifying the applicant from receiving the Army Good Conduct Medal.  The Board presumed government regularity and exercised its discretion in changing the applicant's reentry code (RE) to “3.”
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
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 SPD Code of “JFF.” 
Other: Change the re-entry code to "1."
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Final Action:  That part of the Board’s decision pertaining to the applicant’s characterization of service and the reentry code (RE) was overturned by The Department of the Army Secretarial Reviewing Authority (SRA) on 27 June 2012.  The SRA directed the applicant’s characterization of service be upgraded to fully honorable and his reentry code change to “1.”

XII.  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 AR20110020004
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