Applicant Name:  ?????

Application Receipt Date: 2011/12/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, through legal counsel that in light of the changes in military policy regarding homosexual speech and conduct that have occurred since the applicant's discharge, the Board should: change the applicant's narrative reason for discharge from Homosexual Conduct (Admission) to Secretarial Authority and change his reentry code from RE-4 to RE- 1J. In the alternative, it should change the applicant's narrative reason for discharge from ‘Homosexual Conduct (Admission)’ to ‘Secretarial Authority’ as a matter of equity.

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: 061004   Chapter: 15-3b       AR: 635-200
Reason: Homosexual Conduct (Admission)	   RE:     SPD: JRB   Unit/Location: F Btry, 1/19th FA, Fort Sill, OK 

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: 060517    Current ENL Term: 03 Years  20 Weeks
Current ENL Service: 	00 Yrs, 04  Mos, 18  Days ?????
Total Service:  		00 Yrs, 04  Mos, 18  Days ?????
Previous Discharges: 	None
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Specialist   GT: NIF   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None

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 that led to a 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.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 15, paragraph 15-3b AR 635-200, for homosexual admission with service uncharacterized.  
       
       
       Furthermore, the DD Form 214 shows a Separation Code of JRB (i.e.,homosexual admission), with a reentry eligibility (RE) code of “4.”  
       
       Further, evidence shows that on 3 October 2006, DA, HQ, U.S. Army Garrison, Fort Sill, OK, Orders 276-0671, discharged the applicant from the Regular Army, effective date: 4 October 2006.

       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 available military records during the period of enlistment under review, 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 was in entry level status, had completed 4 months and 18 days of Service. 
       
       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 available 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: 13 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: NA

 

Exhibits Submitted: DD Form 293, Table of Contents, Brief of Counsel (9 pages), DD Form 4/3, Certificate for the completion of Combat Training, Letter from Cowley County Community College, dated 3 May 2006, Orders, dated 21 July 2006, Memorandum, dated 20 September 2011, Transcript from Butler Community College, dated 28 October 2011, and DD Form 214 for the period of service under review. 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s available 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 service as uncharacterized.  The Board determined there were no aggravating factors in the available records 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 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 Provision of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF” (Involuntary Discharge).
Other: Change the reentry code to 1.
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 AR20110025156
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