Applicant Name:  ?????

Application Receipt Date: 2012/02/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he paid into the GI Bill but his DD Form 214 doesn't show it and he can't get the benefits of it unless it says honorable.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 060802
Discharge Received: 			   Date: 060817   Chapter: 15-3b    AR: 635-200
Reason: Homosexual Conduct (Admission)	   RE:     SPD: JRB   Unit/Location: C Co, 264th Medical Bn, Fort Sam Houston, TX 

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:  19
Current ENL Date: 060207    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 06 Mos, 11 Days ?????
Total Service:  		00 Yrs, 06 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 August 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 sworn statement that he was a homosexual and had engaged or had the propensity to engage in homosexual/bisexual acts.  He was advised of his rights.  
       
       On 3 August 2006, the applicant waived legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate command reviewed the proposed action and recommended approval with an honorable discharge.
       On 7 July 2006, the separation authority approved the discharge and directed the applicant’s separation from the Army with service uncharacterized. 

       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 during the period of enlistment under review and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  However, the analyst determined that the narrative reason for the applicant’s separation is now inequitable based on the current standard.
       
       The analyst noted that the applicant was in entry level status (ELS) at the time the unit commander initiated separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200 in effect at the time, by reason of homosexual admission.   A Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period and Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  At the time the unit commander initiated discharge proceedings, the applicant had completed 177 days of continuous active service; thus, he was in entry level status and his service was appropriately uncharacterized.  AR 635-200, paragraph 3-9, in effect at the time, stipulates that a separation will be described as entry-level with service uncharacterized if processing is initiated while a soldier is in entry-level status
       
       Furthermore, for Soldiers in entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  
       
       The analyst noted the applicant's issue about his desire to use the benefits of the GI Bill.  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.
       
       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 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 determined that the applicant’s characterization of service was proper and equitable.  However, 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: 11 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

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 evidence of record shows the applicant was discharged for admitting to being homosexual without any aggravating factors as defined in AR 635-200, in effect at the time.  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 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 Provision of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF” (Involuntary Discharge).
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 AR201204217
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