RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  05 February 2008
	DOCKET NUMBER:  AR20070012835 


	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.  


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Gant

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 that the Narrative Reason for Separation currently reflected on her Certificate of Release or Discharge from Active Duty (DD Form 214) be changed from homosexual admission to "Non-Specific," and that her reentry eligibility (RE) code be changed from RE-4 to RE-2.

2.  The applicant states that she previously failed to request a change in her reason for separation and her RE code due to her own ignorance.  She states that she did not know that she could request a change in those areas when she requested an upgrade of her general discharge to an honorable discharge.  She states, in effect, that on 25 January 2002, she was discharged from the United States Armed Forces as a result of a chapter 15 separation, due to admitted homosexuality.  She states that she later applied for an upgrade of her discharge from general to honorable, which was granted.  She states that she recently realized that she should have requested a change in her Narrative Reason for Separation from homosexual admission to a non-specific reason.  She states that she should have also requested that her RE code be changed from RE-4 to 
RE-2, which would have enabled her to reenter the Army. 

3.  The applicant goes on to state that she is seeking these changes because, as time changes, so do people's opinions, moods, preferences and maturity levels, and that in her case, all of the above apply.  She states that she now realizes that she made a decision that was not in her long term best interest, as she has since consistently had feelings that she abandoned her comrades.  She states that each time her prior unit deploys to Iraq, and other hostile territories, she feels like it is her duty to be there, by their sides, and supporting them mentally, physically and emotionally through those trying times.  She states that she firmly believes that her purpose in life is to fight for her country and to help lead and provide guidance to the younger Soldiers.  She states that she is currently employed with the Montgomery County Sheriffs Department as a Deputy Sheriff, and that she has been employed there for 3 years.  She states that she is also presently attending Austin Peay State University to further her education.  

4.  The applicant concludes by stating that after having time to reflect on her Army experiences, she could go into depth about violations of the "Don't Ask Don't Tell" policy, which includes the lack of assistance and leadership provided to her by her noncommissioned officers during times when she, as a young 



Soldier, needed help, not harassment.  She states that she is not making any excuses; however, she is not the same person that she was when she was in the Army.  She states that she would like to be afforded the opportunity to correct her mistakes so that she can enter the Armed Forces as an officer, either as a pilot or in the field of military intelligence.

5.  The applicant provides in support of her application, a copy of a self authored, undated letter, requesting that her general discharge be upgraded.

CONSIDERATION OF EVIDENCE:

1.  On 25 July 2000, the applicant enlisted in the Army in Syracuse, New York, for 4 years, in the pay grade of E-2.  She successfully completed her training as a light wheel vehicle mechanic.

2.  Nonjudicial punishment (NJP) was imposed against the applicant on 14 May 2001, for being absent from her unit from 17 April 2001 until 18 April 2001, and for failure to obey a lawful general regulation by wrongfully wearing a tongue ring. Her punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay in the amount of $100.00, restriction for 30 days and extra duty for 30 days.

3.  On 6 September 2001, NJP was imposed against the applicant for failure to obey a lawful order by wearing civilian cloths to physical therapy, and for being disrespectful in deportment toward a senior noncommissioned officer, who was then in the execution of his office, by failing to remain at the position of Parade Rest and rolling her eyes.  Her punishment consisted of a forfeiture of pay in the amount of $243.00, restriction for 7 days, extra duty for 7 days and an oral reprimand.

4.  On 28 January 2002, the applicant submitted a request for separation under the provisions of Army Regulation 635-200, chapter 15, due to homosexuality.  In her request she stated that after struggling with a moral dilemma, it was clear that she needed to inform her commanding officer of her discovery.  She stated that she was bisexual and that she had a natural propensity to engage in sexual activity with members of the same sex.  She stated that she sincerely desired to fulfill her enlistment commitment with the Army; however, she could not do so at 






the expense of being required to lie to her friends and commanders.  She stated that given her statement of sexual orientation, and since she did not wish to rebut the presumption created under current Department of Defense and Department of the Army regulations, she was requesting to be discharged from the Army.

5.  On 28 January 2002, the applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 625-200, chapter 15, due to homosexual conduct.  The commander cited her propensity to engage in sexual activity with members of the same sex as the basis for the recommendation for discharge.  She acknowledged receipt of the recommendation for discharge on 28 January 2008.

6.  The applicant underwent a Mental Status Evaluation on 30 January 2002, and she was psychiatrically cleared for any administrative action deemed appropriate by her command.

7.  The appropriate authority approved the recommendation for discharge on 1 February 2002, and he directed the issuance of a general discharge, under honorable conditions.  Accordingly, on 11 February 2002, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 15-3B, due to homosexual admission.  She had completed 1 year, 6 months and 17 days of net active service and she was furnished an RE-4 code.

8.  On 20 October 2004, the Army Discharge Review Board granted the applicant's request for an upgrade of her discharge to fully honorable.

9.  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.

10.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

11.  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.  This regulation provides that when an individual's Narrative Reason for Separation is homosexual admission, an RE-4 code will be assigned.  An RE-4 code applies to persons with a 
non-waivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated and assigned an RE code in accordance with the applicable regulation.  

2.  The Narrative Reason for Separation currently reflected on her DD Form 214 properly reflects that she was discharged due to homosexual admission.  Therefore, she was properly assigned an RE-4 code.

3.  The applicant's contentions have been noted and she is commended for her post service accomplishments.  However, the fact that she now has a desire to reenter the Armed Forces is not a sufficient justification to change the RE code or the Narrative Reason for Separation that she was assigned.  Her DD Form 214 was prepared to reflect her service as it existed at that time of her discharge and at that time, she admitted to being bisexual and to having a natural propensity to engage in sexual activity with members of the same sex.  This information was properly annotated on her DD Form 214 and the RE-4 code that she was assigned coincides with her Narrative Reason for Separation. 

4.  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 this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __AU___  __RDG___  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.





____Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR20070012835
SUFFIX

RECON

DATE BOARDED
20080205
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  1021
100.0000/ADMINISTRATIVE MATTERS
2.  4
100.0300/CHANGE RE CODE
3.  189
110.0000/DISCHARGE DOCUMENT
4.  191
110.0200/REASON AND AUTHORITY
5.

6.