PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            22 August 2000                  
	DOCKET NUMBER:   AR2000035877

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Margaret V. Thompson		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, disability separation or retirement and the removal of a bar to reenlistment.

3.  The applicant states that during the last months of service he was receiving treatment for combat-related psychological problems, but did not receive a medical discharge or severance pay; and that he received a bar to Federal service.

4.  The applicant’s military records show that he enlisted in the Regular Army on 2 May 1988 for a period of 4 years.  He completed basic training at Fort Jackson, South Carolina, and advanced individual training at Fort Gordon, Georgia.  He served in Korea for one year, and in Saudi Arabia for 5 months.  

5.  On 24 September 1992, a bar to reenlistment initiated against the applicant was approved.  The bar cited that the applicant had been diagnosed with a personality disorder, and that his retention on active duty was not in the best interest of the Army.  

6.  Documents in the applicant’s records indicate that he was retained on active duty for 90 days beyond his scheduled release date of 31 October 1992, or until completion of medical treatment, whichever was sooner.  

7.  On 30 January 1993, the applicant was released from active duty, under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service. His Report of Separation indicates he had 4 years, 8 months and 29 days of creditable service. 

8. Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

9.  Army Regulation 601-280, chapter 6, Bar to Reenlistment Procedures, does not authorize a bar to reenlistment for medical reasons.  

CONCLUSIONS:

1.  Even though it appears the applicant was retained on active duty past his normal ETS date for medical treatment, there is no evidence to indicate he had any medically unfitting disability which required physical disability processing. Therefore, there is no basis for physical disability retirement or separation.

2.  Army regulations do not authorize a bar to reenlistment for a personality disorder, therefore, in the interest of justice the applicant’s bar to reenlistment document should be removed from his official military personnel file.

3.  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 to this case be corrected by removing the bar to reenlistment certificate (DA Form 4126-R) from the applicant’s official military personnel file.

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

BOARD VOTE:  

___ew___  __kwl___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035877	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  100.06		
2.  108.00		
3.		
4.		
5.		
6.