IN THE CASE OF: Mr.
BOARD DATE: 25 June 2014
CASE NUMBER: AR20140000173
___________________________________________________________________________
Board Determination and Directed Action
After carefully examining the applicants record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation which follows, the Board determined the reason is now inequitable based on the current standard. The service record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service. Accordingly, the Board voted to grant full relief in the form of a change to the narrative reason for discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200. Further, the Board voted to change the reentry code to 3.
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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests a change to the narrative reason for discharge and reentry code.
2. The applicant states, in effect, homosexual admissions no longer apply in the military; therefore, she would like to reenlist.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 26 December 2013
b. Discharge Received: Honorable
c. Date of Discharge: 23 July 2004
d. Reason/Authority/SPD/RE Code: Homosexual Admission, AR 635-200, Chapter
15-3b, JRB, RE-4
e. Unit of assignment: HHC (Rear)(Provisional), 4th Corps Material
Management Center (Rear)(Provisional), Fort
Hood, TX
f. Current Enlistment Date/Term: 16 July 2003/4 years
g. Current Enlistment Service: 1 year, 0 months, 8 days
h. Total Service: 1 year, 0 months, 8 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 92A10, Automated Logistical Specialist
m. GT Score: 93
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: GWOTSM, NDSM, ASR
r. Administrative Separation Board: No
s. Performance Ratings: No
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the Regular Army on 16 July 2003, for a period of 4 years, was 19 years old at the time of entry and a high school graduate. Her record is void of any significant acts of valor and achievement. She completed 1 year and 8 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Hood, Texas.
SEPARATION FACTS AND CIRCUMSTANCES:
1. On 13 July 2004, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 15-3b, homosexual admission. Specifically for making a statement that she was homosexual or bisexual.
2. Based on the above, the unit commander recommended an honorable discharge.
3. On 14 July 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than an honorable discharge and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an honorable conditions discharge.
4. On 16 July 2004, the separation authority waived further rehabilitation efforts and directed the applicants discharge with a characterization of service as honorable.
5. The applicant was separated on 23 July 2004, under Army Regulation 635-200, Chapter 15-3b, with an honorable discharge, an SPD code of JRB, and an RE code of 4.
6. The applicants record does not contain any evidence of unauthorized absences or time lost.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:
1. A memorandum for record by 1LT A, dated 6 July 2004 stated in effect, the applicant admitted to being a homosexual.
2. Four counseling statements, dated between 13 March 2004 through 31 May 2004, for initial counseling of duties, performance counseling for May 2004, being absent without reason and no valid point of contact, failure to report for duty and missing formation, and being absent from accountability formation and failure to follow instructions.
3. Article 15, dated 17 June 2004, for disobeying a lawful order from a superior commissioned officer. The punishment consisted of reduction to the grade of E-1, forfeiture of $278 (suspended), to be automatically remitted if not vacated before 17 September 2004, and extra duty for 14 days.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant submitted a DD Form 293, dated 9 December 2013, a DD Form 214 covering the period under review, and supporting military documents.
POST-SERVICE ACTIVITY:
The applicant did not provide any in support of her 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 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 Soldiers overall record of service.
4. A memorandum from the Under Secretary of Defense, dated 20 September 2011, stipulates that effective 11 September 2011, Service DRBs should normally grant requests to change the narrative reason for a discharge (the change should be to Secretarial Authority (Separation Program Designator Code (SPD) code JFF, requests to re-characterize the discharge to honorable, and/or requests to change the reentry code to an immediately-eligible-to-reenter category (the new RE code should be RE code 1) when both of the following conditions are met (1) the original discharge was based solely on DADT or a similar policy in place prior to enactment of DADT and (2) there were no aggravating factors in the record, such as misconduct.
DISCUSSION AND RECOMMENDATION:
1. The applicants request for a change to the narrative reason for the discharge and to the reentry code was carefully considered.
2. After examining the applicants service record, the documents and the issues submitted with the application, there are sufficient mitigating factors to merit a change to the applicants 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 1 year and 8 days of active military service and attained the grade of E-2.
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 applicants 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 applicants 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.
BOARD DETERMINATION AND DIRECTED ACTION
After carefully examining the applicants record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation which follows, the Board determined the reason is now inequitable based on the current standard. The service record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service. Accordingly, the Board voted to grant full relief in the form of a change to the narrative reason for discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200. Further, the Board voted to change the reentry code to 3.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date: 25 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: 3
Grade Restoration to: NA
Other: Separation Program Designator (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) AR20140000173
Page 5 of 6 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
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