IN THE CASE OF:  	Mr. 

      BOARD DATE:  	29 May 2013

      CASE NUMBER:  	AR20130001128
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service 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.  

2.  The record indicates the applicant was discharged for homosexuality (acts), with an honorable characterization of service and without any aggravating factors, as defined in Army Regulation (AR) 635-200.  

3.  Accordingly, the Board voted to grant full 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 a change to the narrative reason for his discharge from the Army.

2.  The applicant states, in effect, he was unaware of the possibility of removing the incriminating narrative until he recently discovered it was possible.  He requests the reason for the discharge be changed based on the repeal 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:			28 February 2003
d. Reason/Authority/SPD/RE:		Homosexual Act, AR 635-200, Chapter 15-3a, 							JRA, RE-4
e. Unit of assignment:			Co D, 309th MI Battalion, Fort Huachuca, AZ
f. Current Enlistment Date/Term:  	8 July 2002 for 4 years
g. Current Enlistment Service:  	7 months, 23 days
h. Total Service:			7 months, 23 days
i. Time lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2 
l. Military Occupational Specialty:	None
m. GT Score:				117
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the US Army on 8 July 2002 for a period of 4 years.  He was 18 years old at the time and a high school graduate.  When his discharge proceedings were initiated he was attending Advance Individual Training at Fort Huachuca, AZ.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s record does not contain the discharge packet that normally provides the facts and circumstances related to the discharge.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 15, paragraph 15-3a, AR 635-200, for homosexuality (act), with an honorable characterization of service.  The DD Form 214 shows a Separation Program Designator (SPD) of JRA and a reentry (RE) code of 4.  

3.  The service record does not contain any actions under the Uniform Code of Military Justice (UCMJ), unauthorized absences or time lost.  

4.  On 19 February 2003, HQDA USA Intelligence Center, Fort Huachuca, AZ, Orders Number 050-0106, discharged the applicant from the Army effective 28 February 2003.

5.  The applicant was honorably discharged under Army Regulation 635-200, Chapter 15, for homosexual acts after serving for 7 months and 23 days.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no counseling statements or UCMJ actions in the record.

EVIDENCE SUBMITTED BY THE APPLICANT 

None provided with the application.

POST-SERVICE ACTIVITY: 

None provided.

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 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.  

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 narrative reason for his discharge was carefully considered.  

2.  After examining the applicant’s record of service, the available military records, and the issue submitted with the application, there are sufficient mitigating factors to determine the reason for the discharge is now inequitable based on the current standard.  

3.  The available evidence of record shows the applicant was discharged under the provisions of Chapter 15, paragraph 15-3a, AR 635-200, in effect at the time, by reason of a homosexual act.  The applicant completed 7 months and 23 days of active service without incident and his record contains no derogatory information.  

4.  Although the facts and circumstances are not in the service record, the award of an honorable characterization of service is normally indicative of the absence of aggravating factors.

5.  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.  

6.  In view of the foregoing, the narrative reason of the applicant’s discharge 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:  29 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 with corresponding SPD Code of JFF
Change RE Code to: 		1	
Grade Restoration to:		NA	
Change Authority for Separation:  AR 635-200, paragraph 5-3.	

























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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR20130001128		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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