MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 June 2000
	DOCKET NUMBER:   AR1999024509

	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.

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		Member	

	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:  That his Narrative Reason for Separation be changed from personality disorder and that his reentry eligibility (RE) code be changed from RE-3 to RE-2.

APPLICANT STATES:  That he received an honorable discharge with an RE code of RE-3 with a personality disorder as the Narrative Reason for Separation. He states that removal of the reason for the RE-3 code will allow him the opportunity to enlist and serve in the Louisiana National Guard and changing his reason from separation from personality disorder will allow him to be marketable in the career world.  He further states that he believes that the RE code that was assigned to him is incorrect, deceiving and unfair because his discharge was honorable.  He continues by stating that he did not have a personality disorder at the time of his enlistment or during the time he spent in Germany.  He states that the circumstances surrounding his being labeled as having a personality disorder may have derived from his religious background as a child and not wanting to do anything to offend his spiritual walk with God and the United States Army.  He goes on to state that he experienced some difficulty socializing with some of the members in his unit and he was harassed and ridiculed because he wouldn’t engage in smoking, drinking or club hopping.  He states that he is a God fearing person and many times he was brought under stress by the name calling and harassing remarks by other fellow soldiers which may have resulted in his defensiveness.  He concludes by stating that he regrets anything he may have done to offend his fellow soldiers and that he needs a second chance to complete his goal and to serve his country with pride, honor and dignity.  In support of his appeal, he submits the following documentation:  a letter from his parents dated 16 February 1999; a letter from the pastor of his church dated 2 February 1999; a letter from the reverend of his church dated 22 January 1999; a letter from one of his relatives dated 27 January 1999; an undated letter from one of his friends; and a letter from an acquaintance dated 25 February 1999, expressing concern for him and attesting to his good character and post-service conduct.  He also submits two undated letters to two senators requesting their assistance in getting his RE code and his reason for separation changed.

COUNSEL CONTENDS:  That the psychiatric evaluation is not included in the file; therefore, it cannot be determined if the applicant was evaluated or if he was ever counseled concerning any deficiencies.  Counsel states that the applicant has submitted documents from friends and family members who indicate that he was well adjusted prior to entering the military without any indication of a personality disorder.  Counsel requests that the Board’s decision reflect sound equitable principles consistent in law, regulation, policy and discretion.

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

On 24 February 1997, he enlisted in the USAR in the Delayed Entry Program.  At the time of his enlistment, he was found to be medically qualified for enlistment in the Army.  He was released from the USAR on 19 March 1997 and on 20 March 1997, he enlisted in the Army for 3 years in the pay grade of E-2.  He successfully completed his training as a cannon crewmember.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was honorably discharged on 31 July 1998, under the provisions of Army Regulation 635-200, chapter 5-13 and his Narrative Reason for Separation is reflected as personality disorder.  He had completed 1 year, 4 months and 11 days of total active service and he was assigned an RE code of RE-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.

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.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board (ADRB) for a change in his Narrative Reason for Separation within that board’s 15-year statute of limitations.

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 and his counsel’s contentions have been noted by the Board. His supporting documents have also been noted by the Board.  However, there is no evidence in the available records nor has the applicant submitted any evidence that shows that an error or that an injustice exists in the RE code or the Narrative Reason for Separation as currently reflected on his DD Form 214.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.  The evidence of record shows that he was discharged and assigned an RE-3 code as a result of a disqualification which may be waivable and is done so by applying through local recruiting personnel.

3.  While the Board has taken cognizance of the applicant's good post-service conduct; it is not sufficiently mitigating to warrant the relief requested.

4.  The Board has elected to review his case because the ADRB does not have the authority to change his RE code; however the action by this Board will not preclude his making application to the ADRB.

5.  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

__jhk____  ___eb___  ____be__  DENY APPLICATION

						Carl W. S. Chun
				      Director, Army Board for Correction
					         of Military Records

INDEX

CASE ID	AR1999024509	
SUFFIX		
RECON		
DATE BOARDED	2000/06/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1998/07/31	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	756	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300/RE code	
2.
		
3.		
4.		
5.		
6.