PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 November 2002
	DOCKET NUMBER:   AR2002076659

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the name entered in her separation document (DD Form 214) be corrected, and that the narrative reason for her discharge be changed.  

3.  The applicant states, in effect, that her first and middle name were reversed and entered incorrectly in her separation document.  She also claims that the reason for her discharge entered on her DD Form 214, dated 17 November 2000, was Homosexual Admission, and this resulted in her being assigned a reentry (RE) code of RE-4.  However, she claims that at the time this admission was made, she did not fully comprehend the ramifications of what she was saying.  She states that she was advised that making this statement and putting it in writing would expedite her separation from the Army.  She now claims that does not now or has she ever had homosexual tendencies.  Based on this, she requests that the entries in Item 27 (Separation Code), Item 28 (Narrative Reason for Separation) be changed in order to allow her to enter the United States Army Reserve (USAR).  In support of her application, the applicant provides a copy of her Certificate of Birth and a copy of her DD Form 214, dated 17 November 2000.

4.  The applicant’s military records show that she served on active duty for 
4 years from 6 November 1996 through 17 November 2000.  The applicant’s initial enlistment contract and all other documents and order created upon her entry into the Army, to include her Personnel Qualification Record (DA Form 2-1) all record her first and last name as it is listed in the birth certificate provided by the applicant, and which she claims is correct.  

5.  The record does not include a separation packet on the applicant that contains the specific facts and circumstances surrounding the events that led to her discharge.  However, there is a properly constituted DD Form 214 on file that contains the authority, reason, and characterization of her discharge.  

6.  The DD Form 214 prepared upon the applicant’s separation on 17 November 2000, reversed the order that her first and middle name are recorded in 
Item 1 (Name-last, first, middle).  Her middle name is entered in the position in which her first name should be recorded, and her first name is entered in the position in which her middle name should be recorded.  

7.  The DD Form 214 also confirms that the applicant was discharged under the provisions of paragraph 15-3b, Army Regulation 635-200, by reason of Homosexual Admission.  It also verifies that based on the authority and reason for her separation, she was assigned a Separation Program Designator (SPD) code of JRB and a reentry (RE) code of RE-4.  

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 15 contains policies concerning homosexual conduct.  Paragraph 15-3b provides for the separation of members who make a statement that he/she is homosexual or bisexual.  

9.  Army Regulation 635-5-1 (SPD) 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.  The SPD code of JRB was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of paragraph 15-3b, Army Regulation AR 635-200, based on a Homosexual Admission.  Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 4 as the proper reentry code to assign to soldiers separated under this authority and for this reason.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that her name is incorrectly listed on her DD Form 214, dated 19 November 2000, and it finds this claim has merit. 

2.  The evidence of record confirms the applicant’s first and middle names were entered in Item 1 of her DD Form 214 in reverse order as a result of an administrative error.  Thus, the Board concludes that it would be appropriate to correct this error at this time.  

3.  The Board also notes the applicant’s request that the narrative reason and the resultant SPD and RE codes assigned be changed based on her current assertion that she does not now nor has she ever had homosexual tendencies.  However, it finds insufficient evidence to support this claim. 

4.  Although the applicant’s record is void of facts and circumstances concerning events that led to her discharge from the Army.  The record does contain a properly constituted DD Form 214.  This document confirms that the applicant was discharged under the provisions of paragraph 5-3b, Army Regulation 635-200, by reason of Homosexual Admission, and that she was assigned the corresponding SPD and RE codes in accordance with the applicable regulations. 

5.  In view of the facts of this case, and given the applicant’s admission that she did make the Homosexual Admission at the time of her discharge processing, the Board is compelled to deny the applicant’s request for a change in the narrative reason for her discharge and to her assigned RE-4 code. 

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related, specifically the 
DD Form 214 of the individual concerned, dated 19 November 2000, be corrected by amending Item 1 (Name-Last, First, Middle) by reversing the order of the first and middle name recorded in order for it to match her correct first and middle name as recorded in her birth certificate and in her military records; and by providing her a corrected separation document that contains this correction.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JNS__  ___SVW___  __MHM  __ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___John N. Slone___
		     CHAIRPERSON

INDEX

CASE ID	AR2002076659	
SUFFIX		
RECON		
DATE BOARDED	2002/11/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2000/11/19	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Homosexual Admission. 	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  2	100.0100	
2.  191		
3.		
4.		
5.		
6.