MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 May 2002                   
	DOCKET NUMBER:   AR2001063036

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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 reenlistment (RE) code RE-3C be upgraded to one that would allow him to reenter the Army.

APPLICANT STATES:  That he believes the record to be in error due to a change in circumstances.  He states that he is no longer an immature teenager and that it would be unjust to leave the record as it stands because it is no longer accurate.  In a statement submitted in his own behalf, the applicant states that since leaving the Army he has matured, earned an undergraduate degree, completed a 2-year internship with Boston Veterans Administration (VA) Medical Center, and a law degree.  He is now asking for a chance to correct the mistakes he made during his enlistment.

In support of his application, the applicant submitted a copy of his resume, law school transcripts, certificate of admission to Massachusetts Bar, certificate of admission to Federal Bar, and certificate of appointment as a notary public.

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

He enlisted in the Regular Army for 4 years on 20 June 1986.  He enlisted for the United States (US) Army Airborne Enlistment Option, U.S. Army Cash Bonus Enlistment Option and training in military occupational specialty (MOS) 16R (Air Defense Artillery Short Range Gunnery Crewmember).  Following completion of all military training, the applicant was awarded MOS 16R.

On 20 May 1988, the applicant was advised that his unit commander intended to separate him under the provisions of paragraph 5-13, chapter 5, Army Regulation 635-200, by reason of a personality disorder.  The appropriate authority approved the applicant’s discharge with an honorable discharge.  Accordingly, on 9 June 1988, the applicant was discharged from the Army after completing 1 year, 11 months, and 20 days of creditable military service.  His DD Form 214 (Certificate of Discharge or Release from Active Duty) reflects the narrative reason for separation as personality disorder, with a separation code of JFX, and a RE code of RE-3C.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-13 of that regulation establishes policy and procedures, and provides authority for the separation of enlisted personnel with a personality disorder.  

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 included a list of armed forces RE codes.  RE-3C applies to persons not qualified for continued Army service, but the disqualification is waivable. 

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated for the purpose of personality disorder prior to completing their term of service are issued a RE code of RE-3C.

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 this requirement.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

3.  The Board carefully reviewed the applicant’s records and determined that his RE code of RE-3 is the appropriate code for his narrative reason for discharge.

4.  The Board congratulates the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and in the documents with his application.  However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge nor the assigned RE-code.  

5.  Although the applicant is no longer an immature teenager and feels that it would be unjust to leave the record as it stands because it is no longer accurate, for historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

6.  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

__rvo___  __jpi___  __pm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063036	
SUFFIX		
RECON		
DATE BOARDED	20020530	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19880609	
DISCHARGE AUTHORITY	AR 635-200, c5	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.