RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 3, 2004                  
	DOCKET NUMBER:   AR2003090125

	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. Deyon D. Battle		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Curtis L. Greenway		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his reentry eligibility (RE) code be changed from RE-3 to RE-1.

2.  The applicant states that he was given a chapter 5-13 without a medical board or any supporting documentation.  He states that he has since been seen by a civilian doctor to disprove that he has a personality disorder.

3.  The applicant provides a copy of a Report of Psychological Evaluation from Concord Behavioral Health dated 21 June 2002.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error, which occurred on 25 November 1999.  The application submitted in this case is dated 6 March 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records are unavailable for review.  Information contain herein was obtained from his Certificate of Release or Discharge (DD Form 214) and documentation submitted with his application.

4.  After he completed 5 years, 3 months and 29 days of total active service as a cannon crewmember, he reenlisted in the Army on 7 January 1999. 

5.  The facts and circumstances pertaining to the applicant's discharge are not on file.  His DD Form 214, indicates that he was honorably discharged on 25 November 1999, under the provisions of Army Regulation 635-200, 
chapter 5-13, as a result of a personality disorder.  He had completed 10 months and 19 days of active service for this period and he was furnished an RE-3 code. 

6.  On 21 June 2002, the applicant underwent a psychological evaluation at Concord Behavioral Health.  In the Report of Psychological Evaluation, the attending psychologist indicated that the applicant appeared to be a young man 

who is capable of goal-directed behaviors under predictable and expected conditions.  The psychologist further indicated that the applicant seemed to maintain an internal tension as result of needs to remain highly alert to the prospect of danger in his environment and that he seemed to have sensitivities regarding the possibility of humiliation or demeaning attitudes by others.  The psychologist stated that he seemed to maintain tight control over his impulses but may be subject to temporary losses of impulse control when in situations that are unpredictable or directly challenging to him.

7.  In the Report of Psychological Evaluation, the psychologist stated that the applicant seemed to rely heavily upon rules and structures as a means of guiding his behavior and that when such guidelines are not present, he may be at risk for impulsive behavior if severely challenged by others.  The psychologist went on to state that, under other conditions, he may prefer to retain self-control.  The psychologist concluded by stating that there was no evidence of a psychotic thought process and that there is no frankly paranoid ideation though he appears to be overly sensitive to the comments made by others.  The psychologist stated that his mood seems to be stable though he appears subject to periods of depression under conditions of intense stress or loss.  He was diagnosed as having narcissistic and borderline traits and in the diagnosis, it is stated that he does not meet the full criteria for any personality disorder.

8.  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.

9.  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 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must show 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.  Based on his narrative reason for separation, the applicant was assigned an RE code in accordance with the applicable regulations.

3.  The applicant’s contentions and his new psychological evaluation have been noted.  However, the available evidence fails to show that the applicant was not suffering from a personality disorder while he was in the Army and in the absence of evidence to the contrary, it is presumed the that the RE code that was assigned to him at the time of his discharge from the Army was correct.

4.  However, 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).  Therefore, since enlistment criteria does change, and since he has the right to apply for a waiver, it is suggested that he periodically visit his local recruiting station to determine if he should apply for a waiver.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 November 1999; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 November 2002.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

rks_____  sac_____  clg_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090125	
SUFFIX		
RECON		
DATE BOARDED	20040203YYYYMMDD	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000.0000	
2.  4	100.0400.0000	
3.		
4.		
5.		
6.