Applicant Name:  ?????

Application Receipt Date: 2012/05/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that her DD Form 214 is incorrect because the reason for her discharge and the type of discharge she received doesn’t match.  She wants to rejoin the Service.

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: 090917
Discharge Received: 			   Date: 091002   Chapter: 15    AR: 635-200
Reason: Homosexual Conduct (Admission)	   RE:     SPD: JRB   Unit/Location: HHT, Fires Squadron, 2d Cavalry Regiment, Vilseck, Germany 

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:  18
Current ENL Date: 081118    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 10 Mos, 15 Days ?????
Total Service:  		00 Yrs, 10 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 15P10/Aviation Ops Spc   GT: 105   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 September 2009, 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 conduct  for having created a rebuttable presumption that indicated she had the propensity to engage in homosexual or bisexual acts, with an honorable discharge.  The applicant admitted to her company commander in a sworn statement that she was homosexual and had engaged in homosexual acts.  She was advised of her rights.  
       
       On 17 September 2009, the applicant declined to consult with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board, and did not submit a statement on her behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions characterization of service.  
       
       On an undated memorandum, the separation authority directed the applicant’s discharge with a general, under honorable conditions 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 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 the applicant’s military records during the period of enlistment under review and the issue submitted with the application, the analyst determined that the characterization of service and the reason for the discharge are now inequitable.
       
       The evidence of record shows that the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission.  AR 635-200, in effect at the time, stipulated that an honorable discharge is a separation with honor and the honorable characterization is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.  The analyst noted that the applicant had completed over 10 months of active military service, attained the grade of E-3, and had no derogatory information in the service record.  
       
       Further, current law and regulations 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 recommends that the applicant's characterization of service be upgraded  to honorable, and the narrative reason for discharge 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: 19 October 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 characterization and reason for the separation are now inequitable based on the current standard.   The evidence of record shows the applicant was discharged for admitting to being homosexual with a general, under honorable conditions characterization of service.  The Board found 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 an upgrade of the characterization of service to honorable and 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 5    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 with a corresponding SPD Code of JFF.
Other: Change the authority for separation to Chapter 5, AR 635-200,
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 AR20120009479
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