APPLICANT REQUESTS: That her reentry (RE) code be upgraded and that her overseas service ribbon be added to her DD Form 214.
APPLICANT STATES: That she would like to enlist in the USAR or ARNG but cannot because of her RE code. She states that she was a good soldier and made a mistake. She now believes she could be an asset to the military if given the opportunity.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army on 2 June 1988, was awarded the military occupational specialty of military police, and was promoted to pay grade E-4.
On 30 January 1991 the applicants commander notified her of his intention to recommend her separation based on her admission that she was homosexual and of her rights in conjunction with that recommendation. The applicant waived consideration of her case by a board of officers but requested legal counsel.
The applicants commander then recommended that she be discharged for homosexuality. That recommendation was approved by the appropriate authority.
Accordingly, on 14 February 1991 the applicant was given a general discharge under the provisions of Army Regulation 635-200, paragraph 15-3b, Homosexuality. The DD Form 214, Certificate of Release or Discharge from Active Duty, that she was issued at that time shows that she was assigned an RE code of RE-4.
In the processing of this case the Army Reserve Personnel Center issued a DD Form 215, Correction of DD Form 214, adding the overseas service ribbon to the applicants separation document.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 15 of that regulation states that homosexuality is incompatible with military service and provides, in pertinent part, for the separation of members who engage in homosexual conduct or who, by their statements, demonstrate a tendency to engage in homosexual conduct.
RE-4 applies to persons not qualified for continued Army service, and the disqualification is not waivable. Persons who were discharged under the provisions of Army Regulation 635-200, paragraph 15-3b, are so disqualified.
On 29 March 1993 the Army Discharge Review Board (ADRB) upgraded the applicants general discharge to fully honorable. However, the ADRB did not change the narrative reason for the applicants discharge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicants admission that she was a homosexual was sufficient grounds to discharge her.
2. The applicants service record is not so commendable, nor is her desire to serve in the reserve components sufficiently mitigating to warrant changing her RE code.
3. Also, her RE code was based upon the reason for discharge which has not been changed. Therefore the code is correct and there is no reason to change it.
4. The applicants overseas service ribbon has already been added to her DD Form 214 and need not be addressed by the Board.
5. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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