RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012271 


	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.  


	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, who was discharged under the provisions of Army Regulation 635-200 (Enlisted Personnel), Chapter 15 (Discharge for Homosexual Conduct), requests that her reentry (RE) code shown in Item 27 (Reentry Code) of her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a “4” to a “3.” 

2.  The applicant essentially states that due to illnesses of her mother, she made false statements pertaining to her sexual preference.  She also states, in effect,  that these statements were false and were made solely for her to leave the Army and help take care of her mother.  She further declares that she is not a homosexual.

3.  The applicant provides her DD Form 214 and a self-authored letter, dated 
6 July 2006, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 16 February 2005, the date of her discharge from the Regular Army.  The application submitted in this case is dated 6 July 2006.

2.  The applicant’s military records show that she enlisted in the Regular Army on 28 August 2003.  She completed basic and advanced individual training and was awarded military occupational specialty 42L (Administration Specialist).  She then departed for a tour in Germany on or about 18 December 2003.

3.  On 29 September 2004, the applicant made a sworn statement, in which she declared that she was a homosexual.  The applicant’s commanding officer initiated a Commander’s Inquiry to determine the validity of the applicant’s homosexual admission, and was ultimately determined that it was valid.  On or about 6 February 2005, the proper approval authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, Chapter 15, and directed that she receive an Honorable Discharge Certificate. 

4.  On 16 February 2005, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 15, and issued an Honorable Discharge Certificate.  Item 28 (Narrative Reason for Separation) of her DD Form 214 has an entry of “Homosexual Admission.”  Her DD Form 214 also shows that she was assigned a Separation Program Designator (SPD) code of “JRB,” and an RE code of “4.”
5.  The applicant essentially stated that due to illnesses of her mother, she made false statements pertaining to her sexual preference.  She also stated, in effect,  that these statements were false and were made solely for her to leave the Army and help take care of her mother.  She further declared that she is not a homosexual.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 15-3b of that regulation provides that a Soldier will be discharged if he or she made a statement that he or she is a homosexual or bisexual, or words to that effect, unless there is a further approved finding that the Soldier has demonstrated that he/she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. 

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army and the United States 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 Regular Army RE codes.  RE codes 1 and 2 permit immediate reenlistment if all other criteria are met.  An RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.

8.  Army Regulation 635-5-1 (Separation Program Designator 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. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.  

9.  An SPD code of "JRB" applies to persons discharged for homosexual conduction or admission under the provisions of Chapter 15, Army Regulation 635-200.  The SPD/RE Code Cross Reference Table shows that an RE code of 4 is the applicable RE code assigned for individuals discharged for homosexual conduct or admission.  An RE code of 4 indicates that the applicant was separated from her last period of service with a disqualification which cannot be waived and is ineligible for reenlistment.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her RE code shown in Item 27 of her DD Form 214 should be changed from a “4” to a “3.” 

2.  Although the applicant now contends that she made false statements when she swore, under oath, that she was a homosexual, the fact that she now declares that she was not a homosexual does not change the reason she was discharged.

3.  It is clear that the applicant admitted, under oath before a commissioned officer, that she was a homosexual.  It is also clear that she was discharged under the provisions of Army Regulation 635-200, Chapter 15 because of her homosexual admission.  The applicant did not provide any evidence which shows that any requirements of law and regulation were not met, or that her rights were not fully protected throughout the separation process.

4.  The applicant's RE code is based on her reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  Her narrative reason for discharge was based on her homosexual admission under oath, and the Board could find no basis upon which to change this reason.  

5.  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 did not submit any evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JI      __  ___SP __  ___QS __  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.





______ John Infante________
          CHAIRPERSON




INDEX

CASE ID
AR20060012271
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070403
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
100.0300.0000
2.

3.

4.

5.

6.