RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060011427
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. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. William Crain
Chairperson
Mr. Edward Montgomery
Member
Ms. Rea Nuppenau
Member
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, in effect, that his Reentry (RE) code be changed for reenlistment.
2. The applicant states, in effect, that he was accused of acting as if he were a homosexual and that he was threatened by high ranking officers that he would be arrested for lying to a noncommissioned officer by telling them he was not a homosexual. He contends that he was told they had statements to prove he was lying and that he tried to talk to a military lawyer but he was quickly discharged and sent home. He states that he is not a homosexual.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard on 24 September 2004. He was ordered to active duty on 21 October 2004 for training.
2. Records show the applicant made a sworn statement that he had engaged in homosexual activities. His commander determined that the statement demonstrated a propensity to engage in homosexual conduct and initiated separation proceedings. On 6 December 2004, the applicant was released from active duty with an entry level separation with service uncharacterized under the provisions of Army Regulation 635-200, paragraph 15-3b, for homosexual admission. He was discharged from the U.S. Army Reserve and returned to the Army National Guard.
3. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 15-3B." Item 26 (Separation Code) on his DD Form 214 shows the entry, "JRB." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "HOMOSEXUAL ADMISSION."
4. Army Regulation 635-5-1 (Separation Program Designator 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 states the reason for discharge based on separation code JRB is Homosexual Admission and the regulatory authority is Army Regulation 635-200, paragraph 15-3b.
5. 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 processing into the Regular Army and the U.S. 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.
6. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
7. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
8. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
9. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 31 March 2003, shows that SPD [Separation Program Designator] "JRB" will be issued an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions were noted. However, evidence of record shows he made a sworn statement that he had engaged in homosexual activities.
2. The applicants RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
WC___ ___EM_____ _RN____ 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.
___William Crain_______
CHAIRPERSON
INDEX
CASE ID
AR20060011427
SUFFIX
RECON
DATE BOARDED
20070308
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0300
2.
3.
4.
5.
6.
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