APPLICANT REQUESTS:  That his uncharacterized discharge be changed to an honorable discharge.

APPLICANT STATES:  In effect, that he did not ask to be discharged.  He would like the opportunity to reenlist.  He doesn’t believe one should be discharged for having a stomach virus.

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

He was born on 3 January 1972.  He completed 12 years of formal education.  On 29 January 1992, he enlisted in the Regular Army for 2 years.  

An undated medical treatment record notes “SM states partial situs inversus, needs RX refill.”

On 31 January 1992, the applicant was treated for partial situs inversus.

On 15 February 1992, the applicant was treated for vomiting and loss of appetite.

On 5 March 1992, the applicant was treated for vomiting and stomach upset.

On 22 June 1992, the applicant was treated for a nausea and stomach pain.  The complaint was noted as a chronic, existed prior to entry on service (EPTS) problem.

On 26 June 1992, Entrance Physical Standards Board (EPSBD) Proceedings were initiated for a diagnosis of partial gastric situs inversus.  The Board found the applicant unfit for enlistment.  

On 29 June 1992, the applicant concurred with the Board proceedings and requested discharge from the Army without delay.

The applicant was counseled regarding the recommended separation action and was counseled that such a separation may result in a characterization of service of uncharacterized.

On 2 July 1992, the applicant was discharged in pay grade E-2 under the provisions of Army Regulation 635-200, Chapter 5-11, did not meet procurement medical fitness standards - no disability.  He had completed 5 months and          4 days of creditable active service.  
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-11, sets the policy and prescribes procedures for separating members who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not disqualify him or her for retention.  Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in entry level status.

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 U.S. 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.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waiverable.  

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The applicant concurred in the EPSBD findings and requested discharge without delay.  He could have concurred and requested retention.

3.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4.  In view of the reason for the applicant’s discharge, the assigned reentry eligibility code of RE-3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waiverable.

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

                       DENY APPLICATION

						Loren G. Harrell
						Director