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ARMY | BCMR | CY2003 | 2003090638C070212
Original file (2003090638C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 29 JANUARY 2004
         DOCKET NUMBER: AR2003090638


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

Mr. Carl W. S. Chun Director
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Walter T. Morrison Member
Ms. Karen Y. Fletcher Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE :

1. The applicant requests that his RE (Re-entry) Code be changed.

2. The applicant states that his general discharge was upgraded to an honorable discharge and he would now like his RE Code changed.

3. The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1. Records available to the Board indicate that the applicant entered active duty on 24 May 1996. In September 1999 he reenlisted for an additional 3 years of service. He was serving in pay grade E-4 at the time.

2. In September 2000, while stationed in Korea, the applicant informed a member of his chain of command that he was gay, that he had sexual relations with another Soldier, and that he was tired of hiding.

3. The applicant's commander initiated actions to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, paragraph 15-3a (homosexual act). The commander recommended that the applicant receive a general discharge.

4. The commander's recommendation was approved and on 11 October 2000 the applicant was discharged under honorable conditions. He received an RE Code of 4 and a Separation Program Designator (SPD) Code of JRA.

5. In 2001 the Army Discharge Review Board upgraded the character of the applicant's separation to fully honorable and changed the regulatory basis for his separation from paragraph 15-3a (homosexual act) to paragraph 15-3b (homosexual admission), of Army Regulation 635-200. Although his SPD Code was changed to JRB, his RE Code remained unchanged.

6. 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 United States Army Reserve. Chapter 3 of that regulation





prescribed 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 those individuals separated from their last period of service with a non-waivable disqualification. Individuals discharged as a result of homosexual acts or admission constitutes a disqualification that is not waivable and as such, an RE-4 is appropriate.

7. Army Regulation 635-5-1 states that SPD Codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty. The primary purpose of SPD Codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. This analysis may, in turn, influence changes in separation policy. SPD Codes are not intended to stigmatize an individual in any manner. SPD Code JRA applies to individuals who are separated as a result of a homosexual act and SPD Code JRB applies to individuals separated as a result of homosexual admission. A “cross-reference” chart, provided by officials from the separations branch at the United States Army Human Resources Command-Alexandria, notes that RE-4 is the appropriate RE Code for individuals who receive an SPD Code of JRA and JRB.

DISCUSSION AND CONCLUSIONS :

1. Although the character of the applicant's discharge was changed the underlying basis for the discharge, homosexuality, did not. As such, the RE-4 was appropriate in both instances.

2. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ RVO __ __ WTM __ __ KYF __ 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.





                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2003090638
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040129
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.03
2.
3.
4.
5.
6.


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