MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 December 1998                  
	DOCKET NUMBER:   AC98-11977

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  The following members, a quorum, were present:

	Ms.	Karen L. Wolff		Chairperson	
	Mr.	Melvin H. Meyer		Member	
	Mr.	Kenneth L. Wright		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Mr. 	Ed Clark		Analyst	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That he feels that it is unjust because my 2-year probation is over and since my ETS (expiration of term of service) it has not been upgraded; that he has served in the Army Reserve; and that he is ready to return to active duty.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 15 September 1987.  He served as a fighting vehicle infantryman and attained pay grade E-4.

Permanent Orders dated 17 March 1991 and 6 April 1991 show that he was awarded the Army Commendation Medal for meritorious achievement during Operation Desert Storm, and the Combat Infantryman Badge, respectively.

On 10 May 1993 he underwent a psychiatric evaluation at the request of his commander.  He was found Psychiatrically fit for duty.

On 30 December 1993 he was counseled by his supervisor for continuously missing field training over a two-week period of time.  The supervisor wrote that he was recommending the applicant for a change in duty position.  On the same date, the applicant was punished under Article 15, UCMJ, for being absent from his place of duty.

On 25 January 1994 he was punished under Article 15, UCMJ, for the wrongful use of cocaine on two occasions.  The punishment, imposed by a field grade officer, included a reduction to pay grade E-1.

A DA Form 4700, Medical Record of Supplemental Medical Data, shows that the applicant was treated by a psychiatrist at a medical facility on 24 February 
1994.  The diagnoses are shown on the form as “Mild post traumatic stress disorder symptoms from Persian Gulf, Alcohol and cocaine abuse, and narcissistic and antisocial personality traits.”  The psychiatrist subsequently determined that the applicant met retention standards and that he suffered from a severe character and behavior (personality) disorder.  Prompt administrative discharge was recommended.

On 25 February 1994 his commander recommended that he be separated under the provisions of Army Regulation 635-200, chapter 13, unsatisfactory performance.  After being counseled by a military lawyer, the applicant waived his right to consideration of his case by a board of officers, and declined to submit any statements in his own behalf.

On 28 February 1994 the recommendation was then approved by the convening authority who directed that the applicant be issued a General Discharge Certificate.

On 7 March 1994, with 6 years, 5 months and 23 days total active service, he was separated from active duty and transferred to the Army Reserve.  His separation document, DD Form 214, shows his RE code as 3.

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.  Code RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

Army Regulation 15-180 provides for petitioning the Army Discharge Review Board for upgrade of the characterization or the reason and authority for discharge, or both.  Application may be made with DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States), within 15 years after the date of discharge or dismissal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant’s RE code 3, as shown on his separation document, is correct and in accordance with regulation.

2.  The evidence of record shows that while serving on active duty, the applicant abused both alcohol and an illegal drug; that he was diagnosed by a psychiatrist as suffering from a personality disorder; and that he has a history of mild PTSD. Accordingly, it is more likely than not that waiving his disqualification and returning him to active duty as he requests would not be in the best interests of either the Army or the applicant.

3.  As provided for by pertinent regulations, the applicant may still petition the ADRB for an upgrade of the characterization of his discharge on 7 March 1994.

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

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

KLW____  MHM____  KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11977	
SUFFIX		
RECON		
DATE BOARDED	1998 December 17	
TYPE OF DISCHARGE	Chapter 13	
DATE OF DISCHARGE	1994 March 7	
DISCHARGE AUTHORITY	AR .635-200  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.