Applicant Name:  ?????

Application Receipt Date: 2011/12/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, during his time in the military, he was confused regarding his sexuality.  He had been molested as a child thus affecting his dilema.  There were Soliders who assumed he was a homosexual due to his demeanor and began harassing him.  He was afraid they would eventually hurt him.  He didn't know who to talk to so he went to a military chaplain who he confided in.  The chaplain proceeded to outprocess him under “Don’t Ask, Don’t Tell”.  He [the applicant] is now happily married to his wife of 10 years now.  They have 2 girls.  He would like to re-enlist in to the military and finish out his career.

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: 971214   Chapter: 15-3b      AR: 635-200
Reason: Homosexual Admission	   RE:     SPD: JRB   Unit/Location: HHC, 1st Battalion, 35th AR, APO AE 09034 

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:  21
Current ENL Date: 950814    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 04 Mos, 01 Days ?????
Total Service:  		02 Yrs, 04 Mos, 01 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88N10 Motor Transport Operator   GT: 89   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM and ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 November 1997, 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 sworn statement that he was homosexual and had engaged or had the propensity to engage in homosexual/bisexual acts.  He was advised of his rights.  
       
       On 14 November 1997, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board even though he was not entitled to one, and did not submit a statement in his 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.  
       
       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 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 military records and the issues 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 over two years of active military service, attained the grade of E-3, and had no derogatory information in his 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, 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: 15 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA

 
Exhibits Submitted: An online application and DD Form 214

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, 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 Provision of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF” and a reentry code (RE) of “1." 
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20110025022
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