MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 October 2002                  
	DOCKET NUMBER:   AR2002068621

	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. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 reentry eligibility (RE) code be changed from RE-3 to RE-1.

APPLICANT STATES:  In effect, that he wants his RE code changed in order to enlist in the Iowa Army National Guard.  He states that he was young and immature when in the Army and that he is older now and more mature.  He adds that he enlisted to be an airborne combat engineer, but was assigned to a non-airborne engineer battalion and did not like it.  He states that he does not have a personality disorder and questions the integrity and legality of the civilian doctor's report, dated 13 June 2001, concurring with the military doctor that the applicant has a personality disorder.  He indicates that the Iowa Army National Guard wants him to be a parachute rigger and he needs the RE code change in order to join.

In support of his application, the applicant submits a statement in his own behalf and a note, dated 13 June 2001, from a doctor indicating that his findings were consistent with prior psychiatric findings of Army doctors, and that he did not recommend the applicant for enlistment.

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

He enlisted in the Regular Army for a period of 4 years on 9 March 1989.  He enlisted for the airborne option and training as a combat engineer.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 12BP10, Combat Engineer (Airborne), and was assigned a non-airborne engineer battalion at Fort Campbell, Kentucky, as his first permanent duty assignment.  

The applicant served without incident until 30 November 1989, when he began to accumulate counseling statements.  He was counseled intermittently and accumulated a total of 10 performance/conduct-related counseling statements.  

On 25 September 1990, a psychiatric examination was conducted and the applicant was diagnosed as having a "personality disorder with schizoid and antisocial features, mild psychosocial stressors."

On 17 October 1990, the unit commander notified the applicant that he was initiating action to separate him from the Army under the provisions of chapter 5-13, Army Regulation (AR) 635-200, by reason of a personality disorder.  The applicant acknowledged notification, was advised of his rights, waived counsel, and declined to submit a statement in his own behalf.  Subsequently, the unit commander recommended discharge.

The appropriate authority approved the applicant's discharge with an honorable characterization of service.  Accordingly, on 25 October 1990, the applicant was discharged from active duty after completing 1 year, 7 months, and 17 days of creditable military service.  His DD Form 214 (Certificate of Release or Discharge From Active Duty) reflects "personality disorder" as the narrative reason for discharge, with a separation code of JFX, and an RE code of RE-3.

On 3 July 2002, the Army Discharge Review Board (ADRB) denied the applicant's request to change his RE code.  The ADRB found that he was properly and equitably discharged and referred him to this Board.

Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides, in part, when separation is because of a personality disorder, the service of the soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III.  

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.  RE-3 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 are issued an RE code of RE-3.

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.  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.  

2.  The evidence of record does not support the applicant's contention that that his discharge was based upon a non-existent medical condition.  The evidence reflects that the applicant was evaluated by a psychiatrist and appropriately diagnosed with a personality disorder.  The evidence submitted by the applicant also supports that he currently has a personality disorder.

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.  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.

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

__clg___  __rks___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068621	
SUFFIX		
RECON		
DATE BOARDED	20021031	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19901025	
DISCHARGE AUTHORITY	AR 635-200, Ch 5-13	
DISCHARGE REASON	A42.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.