IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 October 2013

      CASE NUMBER:  	AR20130006667
___________________________________________________________________________

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 discharge is now inequitable based on the current standard.   The service 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 to honorable and 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 an upgrade of his characterization of service from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that his request is based on the repeal of the Don’t Ask Don’t Tell (DADT) policy that was not in effect at the time of his discharge.  He contends his life choices and his spouse are now accepted by the military. Had this policy been in place at the time of his discharge, he would never have left the Army.  He is considering joining the ARNG or the Reserves.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 April 2013
b. Discharge received:			General, Under Honorable Conditions 
c. Date of Discharge:			9 October 1998
d. Reason/Authority/SPD/RE:		Homosexual Admission , AR 635-200, Chapter 15-3b 						JRB, RE-4
e. Unit of assignment:			HHC, USAG, Avn Det, Fort Greely, AK
f. Current Enlistment Date/Term:  	25 March 1997/ 3 years 
g. Current Enlistment Service:  	1 year, 06 months, 15 days
h. Total Service:			1 year, 06 months, 15 days
i. Time lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	77F10, Petroleum Supply Specialist 
m. GT Score:				116
n. Education:				GED
o. Overseas Service:			Alaska
p. Combat Service:			None
q. Decorations/Awards:		ASR, OSR
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 Regular Army on 25 March 1997, for a period of 3 years.  He was 18 years old at the time and had a GED.  His record documents no acts of valor or significant achievements.  He was serving at Fort Greely, AK when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record indicates that on 27 August 1998, the unit commander notified the applicant of initiation of discharge proceedings under the provisions of Chapter 15, paragraph 15-3, AR 635-200, by reason of homosexual admission.  Specifically, for voluntarily making a statement to CW5 W that he intended to enter into a same sex relationship.  The commander determined that the applicant’s continued presence in the Army was not consistent with the interest of the Army in maintaining proper discipline, good order, and morale; and he had the propensity or intent to continue to engage in homosexual acts.

2.  The unit commander recommended a characterization of service of honorable and advised the applicant of his rights.  

3.  On 28 August 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, was told that if he did not have more than 6 years of service he was not entitled 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 commander reviewed the proposed action and recommended approval with an honorable discharge.  

4.  On 11 September 1998, the separation authority directed the applicant’s discharge with a general, under honorable conditions characterization of service.  

5.  The applicant was separated with a GD on 9 October 1998, under Army Regulation 635-200, Chapter 15, paragraph 15-3b for homosexual admission, with an SPD Code of JRB and an RE code of 4.  

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.  Unit Commander's statement, dated 28 August 1998, which indicates the applicant’s homosexual admission.  

2.  The applicant's record contains no counseling statements or actions under the Uniform Code of Military Justice.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 1 April 2013, and a copy of his DD Form 214.  

POST-SERVICE ACTIVITY: 

None were provided with the application.

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.  

4.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’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.  Whenever there is doubt, it is to be resolved in favor of the individual.

5.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.

2.  After a careful review of all the applicant’s military records, and the issues submitted with the application, the characterization of service and reason for the discharge were found to be inequitable.    

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.  Army Regulation (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.  

4.  The service record indicates the applicant had completed one and half year of active military service, attained the grade of E-3, and had no other derogatory information in the service record.  

5.  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.  

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

7.  Therefore the characterization and reason for discharge being inequitable, recommend the Board grant full relief by upgrading the characterization to honorable and the narrative reason for discharge to Secretarial Authority, under the provisions of Chapter 5, paragraph 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:  4 October 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers: NA 



Board Vote:
Character Change:  5	No Change:  0
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:	Honorable
Change Reason to:			Secretarial Authority
Change Authority for Separation:	AR 635-200, Chapter 5, Paragraph 5-3
Change RE Code to:		1
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) Code 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)		AR20130006667



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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