IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100012853
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her reentry eligibility (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from RE-4 to RE-3.
2. The applicant states she should be allowed to reenlist in Army as she is willing to serve her country.
3. The applicant states her chain of command never had a problem with her sexual preference because she did her job and was an understanding Soldier. She left her personal life at home and contends that it does not matter what your sexual preference is if you are willing to protect your country. She decided to join the Army in 2005 and would like to get back in.
4. The applicant provided a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she enlisted in the Regular Army on 12 January 2005. She was awarded military occupational specialty (MOS) 88H (Cargo Specialist). On 1 August 2008, she was promoted from specialist to sergeant and awarded MOS 92Y (Unit Supply Specialist). She served in Iraq during the periods 08 September 2006 through 23 November 2007 and 24 April 2009 through 20 July 2009.
2. The applicant's discharge proceedings are not available for review. However, her DD Form 214 shows she was discharged on 18 September 2009, under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph
15-3b, for homosexual admission. Her character of service is shown as honorable. She was given a separation program designator (SPD) code of JRB and an RE code of 4.
3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 15, paragraph 15-3b, states that homosexual conduct is grounds for separation from the Army. A Soldier will be discharged when the Soldier has made a statement that he/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.
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Reserve. The regulation provides 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. Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes, including Regular Army RE codes. RE-4 applies to persons not qualified for continued service because they were separated from the service with a non-waivable disqualification.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD code to be used for these stated reasons. The regulation shows that the SPD of JRB as shown on the applicant's DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is a homosexual admission and the authority for discharge is Army Regulation 635-200, chapter 15, paragraph 15-3b.
6. The Separation Program Designator (SPD) Code/RE Code Cross Reference Table states that when the SPD is JRB then an RE code of 4 will be given.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her RE code should be changed from 4 to 3 so she may reenlist was carefully considered and it was determined that there is insufficient evidence to support her request.
2. Although the applicant's discharge proceedings findings are not available, by her own admission she advised her commander that she was a homosexual. Accordingly, she was discharged under the provisions of Army Regulation 635-200, paragraph 15-3b, because of her homosexual admission. The applicant did not provide 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.
3. The applicant's RE code is based on her reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed. Her narrative reason for separation was based on her homosexual admission and there is no basis upon which to change the reason for separation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100012853
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ABCMR Record of Proceedings (cont) AR20100012853
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