IN THE CASE OF:	Mr. 

      BOARD DATE:	23 June 2014

      CASE NUMBER:	AR20130016427
___________________________________________________________________________

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 to change the narrative reason for his discharge and the reentry code.

2.  The applicant states, in effect, his request is based on propriety and equity.  He submits his discharge document when applying for jobs in the civilian world, and the narrative reason for separation is “Homosexual” or a variation on that, it presents a certain gesture to perspective employers and anyone else who sees the document.  When there is a negative re-entry code, employers may conclude that he had engaged in misconduct while in the service. 

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	3 September 2013
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	28 November 2008
	d.	Reason/Authority/SPD/RE Code:	Homosexual Conduct (Admission)
	e.	Unit of assignment:	Flights Concepts Division, Fort Eustis, VA
	f.	Current Enlistment Date/Term:	14 April 2006, Indefinite
	g.	Current Enlistment Service:	2 years, 7 months, 15 days
	h.	Total Service:	21 years, 10 months, 29 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR (861230-941004) / NA
			ARNG (941005-961118) / HD
			RA      (961119-991121) / HD
			RA      (991122-011202) / HD
			RA      (011203-041205) / HD
			RA      (041206-060413) / HD
	k.	Highest Grade Achieved:	E-8
	l.	Military Occupational Specialty:	92Y40, Unit Supply Specialist
	m.	GT Score:	116
	n.	Education:	HS Graduate w/2 years of college
	o.	Overseas Service:	Bosnia, SWA
	p.	Combat Service:	Bosnia (000823-010401), Iraq x 4 (041201-050115, 
			060313-060515, 070220-070511, and 080304-
			080606)
	q.	Decorations/Awards:	BSM; MSM; ARCOM-2; AAM-2; ARCAM-2; NDSM-2; 
			SWASM-BSS-3; KLM; GWOTEM; GWOTSM; AFSM; 
			MOVSM; NPDR-3; ASR; ARCOTR; NATO MDL	r.	Administrative Separation Board: 	No, waived
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No



SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 19 November 1996, and reenlisted 4 times.  The latter reenlistment was on 14 April 2006, for an indefinite period.  He was 27 years old and a high school graduate, followed by obtaining 2 years of college.  He was trained in and awarded military occupational specialty (MOS) 92Y40, Unit Supply Specialist.  He served in Bosnia and four tours in Iraq.  He earned a BSM, a MSM, 2 ARCOM, 2 AAM, and 2 ARCAM awards.  He completed 21 years, 10 months, and 29 days of active duty and reserve service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record indicates that on 12 November 2008, the unit commander notified the applicant of initiation of discharge proceedings under the provisions of Chapter 15, paragraphs 15-3a and 15-3b, AR 635-200, by reason of engaging in, attempting to engage in, or soliciting another to engage in a homosexual act or acts, and homosexual admission.  On 31 October, 2008, the command received credible evidence that he solicited himself as a homosexual or bisexual to other persons and solicited others to engage with him in homosexual acts using homosexual dating websites.  He also made a statement to the command during the course of a fact-finding inquiry, conducted pursuant to AR 635-200, paragraph15-6a, and AR 600-20, that that he was a homosexual or bisexual, or words to that effect.  He created a rebuttable presumption that indicated he engaged in, attempted to engage in, or have a propensity to engage in, or intend to engage in homosexual or bisexual acts. 

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

3.  On 12 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed action and recommended approval with an honorable discharge.  

4.  On 17 November 2008, the separation authority directed the applicant’s discharge with an honorable characterization of service.  

5.  The applicant was separated with an honorable characterization of service on 28 November 2008, 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.  The applicant's record contains no negative counseling statements or actions under the Uniform Code of Military Justice.  

2.  The applicant’s record contains four cross reference reports for his NCOERS rendered annually from 1 April 2006 through 31 March 2008.

3.  DA Form 1059, Service School Academic Evaluation Report, dated 22 September 2006, indicates the applicant achieved the course standards of the USA Battle Staff NCO Course.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for the discharge and to the reentry 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 over 21 years of active and reserve military service, attained the grade of E-8, 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:  23 June 2014         Location:  Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:	No

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:		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)		AR20130016427

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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