MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 March 2002
	DOCKET NUMBER:   AR2001064143

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern, III		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:  In effect, that his reentry (RE) code be corrected on his report of discharge (DD Form 214) so he can return to military service.

APPLICANT STATES:  In effect, he states that he was informed at the time he was out processing that at a later time he would be able to come back in the Army.  He says he was discharged at 18 years old because of a personality disorder and now at 32 years old he has matured.  He is a college graduate, a certified fire fighter, and a medical emergency technician.  He is ready to serve and defend his country.

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

The applicant enlisted on 25 November 1987, for a period of 4 years.  He started training as a cavalry scout, but on the first day he was sent to the Community Mental Health Service (CMHS) for counseling.  He could not control his emotions, could not concentrate and was stressful over his pregnant wife.

On 10 December 1987, the applicant was referred to the department of psychiatry to complete a report of mental status evaluation.  The results of the report revealed the soldier was not amenable to coercion or retraining which would cause further deterioration and result in hospitalization, suicide gestures or attempts or other behaviors.  

On 11 December 1987, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-13, based on a personality disorder.

On 21 December 1987 the applicant was given an entry level status discharge under the provisions of Army Regulation 635-200, paragraph 5-13, based on a personality disorder.  He had served 27 days of active service and was issued an RE code of RE-3C and 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.  It also provides an explanation of Reentry (RE) Codes that apply to prior service personnel desiring to re-enter the service.  It provides, in pertinent part, that the RE Code of 3 applies to persons who are not qualified for continued Army Service, but the disqualification is waivable.  Re Code 3C applies to persons who are ineligible for reenlistment unless a waiver is granted.

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).  Depending on the needs of the Army, waivers may not be considered even though the disqualification is waiverable.  In these instances, applicants should be informed to contact recruiters periodically to see if waiver applications are being considered.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-13 of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel because of unsatisfactory performance or conduct (or both).  This policy applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.

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 accordance with applicable regulation with no indication of procedural error which would tend to jeopardize his rights.

2.  There appears to be no basis for removal or waiver of those disqualifications which established the basis for the reentry eligibility codes.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the RE code’s issued to him were in error or unjust.

4.  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

__fe ____  ___tbr  __  ___dh___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064143	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  4	100.0300/RE code	
3.		
4.		
5.		
6.