MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002079298

         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Jose A. Martinez		Member
Ms. Deborah S. Jacobs		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: That his Reentry (RE) Code "4" be change to RE "1."

APPLICANT STATES: In effect, that prior to his enlistment, he experienced family problems. After he enlisted, his problems continued and grew worse. He later discovered that he was not entitled to two additional credits that were promised to him at high school for military training, which put his high school graduation in jeopardy. His chain of command informed him that there was nothing they could do and to keep quiet and continue training. Through phone calls and letters, he discovered a worsening situation back home and finally realized that he had to find a way back home. He spoke with the chaplain, who recommended that he be simply discharged. He later spoke with an Army psychiatrist. After his consultation, the process for separation began. He was later informed by his chain of command, that under no uncertain terms, that this was simply a "hardship issue" and that he could reenter the Army once he returned home and resolved his problems.

He returned home and his problems were resolved to the point of never resurfacing. He later went to his old recruiter, who reviewed his separation orders and DD Form 214 (Certificate of Release or Discharge from Active Duty), which stated that he had an RE Code of "4" and that he was ineligible for reentry. This was directly opposite of what he was told. He realizes that he needed to return home to solve his problems; however, at no time was he ever under the impression that he was through with the military for the rest of his life, which is basically what happened. He felt deceived and received basically an unjust penalty or punishment. Had he known the consequences of separation and being unable to return, he would have never left. He departed because he was informed that once the issue was resolved that he could reenter. His narrative reason for separation listed in item 28 of his DD 214 is absolutely incorrect. At no time did he ever state that he was homosexual or engage in homosexual conduct. He is a devout Christian and a homosexual lifestyle is morally reprehensible to him. He also does not know why his "narrative reason" is "homosexual admission." He informed the psychiatrist and his commanders that his problems were personal/family and not "homosexual in nature." He simply believes that an administrative error occurred and that they perhaps confused him with another soldier that stated he had a "homosexual tendency."

In summary, his RE Code of RE "4" prevents him from reentering the US Army.

EVIDENCE OF RECORD: The applicant's military records show he enlisted on 21 June 2000, as a quartermaster and chemical equipment repairer.





The facts and circumstances pertaining to the applicant’s discharge are not present in the available records nor provided by the applicant. However, his
DD Form 214 shows that on 16 August 2000, he was discharged under the provisions of Army Regulation 635-200, chapter 15, for homosexual admission. His character of service was "Uncharacterized." He had a total of 1 month and 26 days of creditable service. He was issued an RE Code of "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.
Paragraph 15-3b provides, in part, for separation if an individual has stated that he or she is a homosexual or bisexual, unless there is a further finding that the individual is not a homosexual or bisexual.

The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status. Army Regulation 635-200 states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

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 not qualified for continued service by virtue of being separated from the service with a non-waivable disqualification.

RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.

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. Notwithstanding the extensive argument presented by the applicant in his application, the evidence of record confirms that the applicant was separated for homosexual admission.


2. In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.

3. The type of separation directed and the reasons for that separation were appropriate considering all of the available facts of the case.

4. The Board notes that the RE Code of "4" is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

5. The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in his receiving an RE Code of RE "4" was in error or unjust.

6. 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.

7. 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

__mm___ __jm__ __dj____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002079298
SUFFIX
RECON
DATE BOARDED	20030520
TYPE OF DISCHARGE	UNCHAR
DATE OF DISCHARGE	20000816
DISCHARGE AUTHORITY	AR 635-200, chapter 15
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	191
2.
3.
4.
5.
6.