IN THE CASE OF:	  

		BOARD DATE:	    7 July 2011

		DOCKET NUMBER:  AR20110000144 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests change of his reentry (RE) code from a "4" to a "1."

2.  The applicant states:

* He committed no crimes and he served honorably during his time in the Army
* He would like the opportunity to return and serve once again
* In 2008 he was discharged under the provisions of Army Regulation
635-200, paragraph 15-3c, after 4 years of honorable service and one deployment in support of Operation Iraqi Freedom

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* his discharge proceedings

CONSIDERATION OF EVIDENCE:

1.  The applicant, a male, enlisted in the Regular Army on 9 June 2004 for a period of 4 years.  He completed his training and he was awarded military occupational specialty 42A (human resources specialist).  He served in Iraq from 28 June 2006 to 21 September 2007.  He was honorably discharged on 3 March 2008 for immediate reenlistment.  He reenlisted on 4 March 2008 for a period of 3 years.


2.  On 17 August 2008, he married a man.

3.  On 28 October 2008, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 15, paragraph 15-3c, for homosexual conduct (marriage or attempted marriage).

4.  The DD Form 214 the applicant was issued at the time shows in:

* Item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, PARA [paragraph] 15-3C”
* Item 26 (Separation Code) the entry "JRC"
* Item 27 (Reentry Code) the entry "4"
* Item 28 (Narrative Reason for Separation) entry "HOMOSEXUAL CONDUCT (MARRIAGE OR ATTEMPTED MARRIAGE)"

5.  Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 15 establishes policy and prescribes procedures for separating members for homosexual conduct.  Paragraph 15-3c states a Soldier will be discharged if the Soldier has married or attempted to marry a person known to be of the same biological sex (as evidenced by the external anatomy of the persons involved).  

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator codes to be used for these stated reasons.  The regulation states the reason for discharge based on separation code “JRC” is “Homosexual Conduct (Marriage or Attempted Marriage)” and the regulatory authority is Army Regulation 635-200, paragraph 15-3c.  

7.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that when the SPD is "JRC" then an RE code of 4 will be given.

8.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.  

	a.  RE-1 applies to persons who were fully qualified when last separated.
	b.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.

DISCUSSION AND CONCLUSIONS:

The applicant's contentions were carefully considered; however, he has not submitted any evidence that would warrant a change to his RE code.  His
RE code was administratively correct and in conformance with applicable regulations at the time of separation.  Therefore, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__ _  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      __________X__________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110000144



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ABCMR Record of Proceedings (cont)                                         AR20110000144



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