IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 May 2013

      CASE NUMBER:  	AR20130001027
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined 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 with an honorable characterization of service.  Further, 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 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1.



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests that his reentry code be changed from 3 and SPD code be changed from JRB.

2.  The applicant states, in effect, that the law has changed and he would like the opportunity to reenlist into the military.  He was honorable discharged because of the Don’t Ask, Don’t Tell Policy.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			7 January 2013			
b. Discharge Received:			Honorable
c. Date of Discharge:				5 August 2005
d. Reason/Authority/SPD/RE Code:		Homosexual Admission, AR 635-200, 									15-3b, JRB, RE-3
e. Unit of assignment:				1st Squadron, 40th Cavalry Regiment, 4th 							Brigade Combat Team (Airborne), 25th Infantry 						Division (Light), Fort Richardson, Alaska		
f. Current Enlistment Date/Term:		4 January 2005, 4 years, 19 weeks
g. Current Enlistment Service:		0 years, 7 months, 2 days
h. Total Service:				0 years, 7 months, 2 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		11B10, Infantryman
m. GT Score:					113
n. Education:					4 Years of College
o. Overseas Service:				Alaska
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			No
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 4 January 2005, for a period of 4 years,           and 19 weeks.  He was 24 years old at the time of entry, a college graduate, and completed    seven months, and two days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record indicates that on 28 July 2005, the squadron commander notified the applicant of initiation of discharge proceedings under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission.  The applicant admitted to the commander in a sworn statement that he was homosexual and had engaged or had the propensity to engage in homosexual or bisexual acts.  

2.  Based on the above the commander recommended a characterization of service of honorable and advised the applicant of his rights.  

3.  On 28 July 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board contingent on receiving an honorable discharge, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army.  

4.  On 29 July 2005, the separation authority directed the applicant’s discharge with an honorable characterization of service.  

5.  The applicant was separated with an HD on 5 August 2005, under Army Regulation 635-200, Chapter 15, paragraph 15-3b for homosexual admission, with an SPD Code of JRB and an RE code of 3.  

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Sworn Statement dated 14 July 2005, that indicates the applicant admitted in writing that he was homosexual.

2.  A memorandum for record dated 25 July 2005, which indicates the applicant approached the chaplain and confided that he was a homosexual.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD Form 149 and a DD Form 214.

POST-SERVICE ACTIVITY: 

None provided by the applicant.

REGULATORY AUTHORITY:

1.  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.  

2.  The 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.  

3.  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. 

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the reentry code and SPD code was carefully considered.  

2.  After examining the applicant’s service record and the issues submitted with the application, there are sufficient mitigating factors to merit a change to the applicant’s reason for his discharge based on the current standard.

3.  The record confirms 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 record also indicates the applicant had completed seven months of active military service, attained the grade of E-4, and had no derogatory information in his service record.  

4.  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.  

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  In view of the foregoing, the narrative reason of the applicant’s discharge and the reentry code being now inequitable, recommend the Board grant full relief by changing the reason to “Secretarial Authority,” under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.” 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review		  Date: 10 May 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	5	No Change:  0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	NA
Change Reason to:			Secretarial Authority	
Change Authority for Separation:	AR 635-200, Chapter 5-3
Change RE Code to:		RE-1
Grade Restoration to:		NA
Other:					Change SPD Code to JFF



















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130001027



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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