| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: That his Reentry Eligibility (RE) code be changed from RE-4 to RE-3.
APPLICANT STATES: That he is unable to reenter the military because of his RE code “4”. In support of his application, he submits a letter addressed to the Board for Correction of Naval Records.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 15 September 1998 for a period of 2 years and 15 weeks. He was assigned to the U.S. Army Infantry Training Brigade at Fort Benning, Georgia.
On 22 September 1998, the applicant submitted a sworn statement to his company commander admitting that he was gay and that he would continue to engage in homosexual acts.
The applicant received adverse counseling statements on 7 October 1998 and 5 November 1998 which informed him that he would be separated from the service under the provisions of Army Regulation 635-200, paragraph 15-3b, for homosexuality admission.
On 29 October 1998, the applicant was notified of pending separation action under the provisions of Army Regulation 635-200, chapter 15, paragraph 15-3b, for homosexuality.
On 29 October 1998, the applicant acknowledged the notification, waived consideration of his case by an administrative separation board, waived consultation with legal counsel and submitted a statement in his own behalf. He underwent a mental status evaluation and a separation medical examination and was found fit for separation with a physical profile of 111111.
On 5 November 1998, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, chapter 15, paragraph 15-3b with issuance of an uncharacterized discharge. The applicant was discharged on 12 November 1998. He had 1 month and 28 days of active military service. His DD Form 214 shows he was discharged with a separation code of “JRB” (Homosexual Admission) and a RE code “4”.
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.
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 designators to be used for these stated reasons. The regulation shows that the separation program designator “JRB” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Homosexual Admission” and that the authority for discharge under this separation program designator is “AR 635-200, para 15-3b”. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper reentry code to assign to soldiers separated for this reason.
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 and processing into the Regular Army (RA) and the US 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.
Table 3-6 of Army Regulation 601-210, in effect at the time, lists the Armed Forces RE Codes. In pertinent part, this table states that RE-4 applies to persons with nonwaivable disqualifications including adverse RE codes. Paragraph 3-6 states that RE codes are not upgraded unless they are administratively incorrect when originally issued.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. The applicant’s DD Form 214 shows he was discharged with a separation code of “JRB” (Homosexual Admission) and was assigned a RE code “4” in accordance with the governing regulation in effect at the time.
3. Notwithstanding the applicant’s contention that he is unable to reenter the military with a RE code “4”; he has failed to show through the evidence submitted or the evidence of record that the reenlistment code issued to him was administratively incorrect, or in error or unjust. Therefore, his DD Form 214 is correct as currently constituted and there is no basis to change his reentry code of RE-4 to RE-3.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's 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
JL______ MDM_____ JAM_____ DENY APPLICATION
| CASE ID | AR2001060370 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011011 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 19981112 |
| DISCHARGE AUTHORITY | AR635-200,chapter 15-3B |
| DISCHARGE REASON | Homosexual Admission |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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