MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002067738

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his reentry (RE) code of RE-4 be changed to RE-1.

APPLICANT STATES: In effect, that he has had the opportunity to reflect on the decision he made to be removed from the Army. This application is his attempt to amend some of the mistakes he made on active duty. He is now asking that his RE-4 code be changed in order to allow him to reenter active duty in the Army. He indicates that during his tenure on active duty, he served with the
82^nd Airborne Division, and was a good solider. He was given the honor of working as the battalion commander’s radio operator and he held a Secret clearance, which demonstrates that he can be trusted. The biggest problem he faced while on active duty was that he had a heavy dependence on alcohol. He became so addicted that not one day passed that he did not drink. His alcohol obsession progressed into a state of insanity. He had no concept of reality or the ability to see where his drinking was taking him. He indicates that he regrettably resigned under the provisions of chapter 15, Army Regulation 635-200, by reason of homosexual admission. He claims that during this period, he truly believed that he had homosexual tendencies, but today he is aware that this phase was merely a means to an end. He states that he is not a homosexual now, nor does he intend to be. He simply was acting feelings he had at the time, which were greatly influenced by his alcohol addiction. He is embarrassed and ashamed that he allowed himself to throw away a good career over his substance abuse. He indicates that he is struck by the fact that during his separation processing, he was given a psychiatric evaluation, which found him fit to leave the Army, and cannot understand how this clearance was given, since he had made several trips to the Army substance abuse treatment center. He understands that taking the separation was his call and he accepts full responsibility for it, but he wishes to add that today he is sober and in full recovery. He indicates that during the past four years he has completed his associate degree and will be receiving his bachelor of science degree soon. These successes are a product of his recovery, but he wishes to attempt to amend all his mistakes. He concludes by stating that the feelings he had during his time in the Army were not a reflection of who he is today nor do they reflect his feeling about gays in the military. He is a strong believer in those freedoms this great nation provides and desires only to the opportunity to carry out his patriotic duty, correctly this time.

EVIDENCE OF RECORD: The applicant's military records show:

On 19 August 1994, he enlisted in the Regular Army and entered active duty for
4 years and 17 weeks. He successfully completed One Station Unit Training (OSUT) and the basic airborne course at Fort Benning, Georgia. Upon completion of training, he was awarded the military occupational specialty
(MOS) 11B1P (Infantryman/Parachutist), and he was assigned to Fort Bragg, North Carolina, for his first permanent duty station.
The applicant’s Personnel Qualification Record (DA Form 2-1) confirms that the highest rank he attained while serving on active duty was private first class/E-3, and that during his active duty tenure he earned the National Defense Service Medal, Army Service Ribbon, and the Parachutist Badge. The record documents no acts of valor, significant achievement , or service warranting special recognition during his active duty tenure, and it is void of any disciplinary history.

On 11 January 1996, the applicant’s unit commander notified him of the intent to initiate action to separate him under the provisions of chapter 15, Army Regulation 635-200. The unit commander stated that his reason for taking the separation action was the applicant’s open admission to being a practicing homosexual, conduct that was incompatible with military service. The applicant acknowledged receipt of this notification on the same day.

Also on 11 January 1996, the applicant consulted with legal counsel, and after being advised of the basis for the contemplated separation action and its effects, he completed his election of rights. He waived consideration of his case by an administrative separation board contingent on his receiving an honorable discharge. The separation authority approved the applicant’s separation and directed that he receive an honorable discharge. On 30 January 1996, the applicant was discharged accordingly.

The separation document issued to and authenticated by the applicant with his signature on the date of his separation confirms in Item 25 (Separation Authority) that the authority for his separation was paragraph 15-3B, Army Regulation
635-200, and in Item 28 (Narrative Reason for Separation) that the reason for his separation was homosexual admission. Item 26 (Separation Code) confirms that the applicant was assigned a Separation Program Designator (SPD) code of JRB and Item 27 (Reentry Code) confirms that he was assigned an RE-4 code.

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, including RA RE codes. RE-4 applies to persons who are ineligible for continued Army service.

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Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states, in pertinent part, that the SPD code of JRB is the appropriate code to assign to soldiers separating under the provisions of chapter 15, Army Regulation 635-200, by reason of homosexual admission. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes the
RE code of RE-4 as the proper reentry code to assign to soldiers separated under this authority and for this reason.

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 Board understands the applicant’s desire to make amends for past mistakes and it does not question the veracity of his statement that the feeling he had at the time of his discharge is not a reflection of who he is now. Further, it considered his contention that his addiction to alcohol was the reason for his actions. However, it finds these factors are not sufficiently mitigating to warrant the requested relief.

2. The evidence of record confirms that the applicant was separated under the terms of his own conditional waiver of rights, and that his service was characterized as honorable accordingly. Further, on the date of his discharge, he was ineligible for reenlistment as a result of his homosexual admission, and being processed for early separation for this reason. By regulation, this mandated that he be assigned an RE-4 code upon his discharge.

3. In view of the circumstances, the Board concludes that the RE code of RE-4 assigned the applicant at discharge was and still is appropriate based on the authority and reason for his separation.

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.

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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

__RVO__ __RWA__ __JTM__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002067738
SUFFIX
RECON
DATE BOARDED	2002/06/20
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1996/01/30
DISCHARGE AUTHORITY	AR 635-200 C15
DISCHARGE REASON	Homosexual Admission
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 4	100.0300
2.
3.
4.
5.
6.