MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 March 2003                   
	DOCKET NUMBER:   AR2002077744

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin		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 her reentry eligibility (RE) code of RE-3 be changed to a code of RE-1.

APPLICANT STATES:  In effect, that at the time of separation, she was told that she would be able to reenlist in any branch of the military that she desired.  She also states that serving in the Air Force has been her dream since age 4.  She would like the opportunity to make her family proud while serving her country and fulfilling her dream.

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

That on 14 September 2001, she enlisted in the Delayed Entry Program (DEP).  On 24 October 2001, she was discharged from the DEP and she enlisted in the Regular Army for 3 years and training in military occupational specialty (MOS) 14T (Patriot Missile Crewman) and assignment to Europe upon completion of all training. 

On 20 November 2001, while assigned to Fort Jackson, South Carolina for basic training, the applicant underwent a mental status evaluation.  She expressed depressive symptoms related to partner relational stressors outside the training environment.  In addition, she was concerned about the welfare of her children.  She believed they were living in an unsafe environment and that some abuse and or neglect may have been taking place.  

The examining official believed that the applicant would continue to be a training distraction until her personal issues were resolved.  There were no immediate concerns, but the applicant had a history of suicidal ideation/gestures during adolescence and there was a possibility she would act out if retained.  The applicant's behavior was determined to be normal; she was fully alert and fully oriented.  Her mood and affect were depressed; her thinking process was clear; her thought content was normal; and her memory was good.  The applicant was diagnosed to suffer from an adjustment disorder with depressed mood.  She had partner relational problems and it was believed that she had no potential for further military service.  The recommendation was that the applicant be expeditiously separated under the provisions of chapter 11, Army Regulation 635-200, to prevent an unsafe training environment.  The evaluating official determined that no treatment was deemed necessary and recommended increased supervision of the applicant "(buddy watch)."  

On an unknown date, the applicant's unit commander notified her that he was initiating a separation action to separate her under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct with an uncharacterized discharge.  She was also advised of her rights and of the impact of the discharge action.  The applicant acknowledged notification, waived legal representation and did not submit a statement in her own behalf.
On an unknown date, the approval authority waived further rehabilitative efforts and directed that the applicant be separated with an uncharacterized discharge.

On 5 December 2001, the applicant was separated under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct.  Her DD Form 214 (Certificate of Release of Release or Discharge from Active Duty) shows that she had completed 1 month and 12 days of creditable active military service and that she was assigned an RE code of 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.  AR 601-210 covers eligibility criteria, policies, and procedures for enlisting and processing into the RA and the eligibility for prior service applicant's for enlistment.  That chapter includes a list of Armed Forces RE codes and RA RE codes. 

A code of RE-3 applies to persons not qualified for continued Army service; however, the disqualification is waivable.  Discharge by reason of a personality disorder under the provisions of chapter 5, AR 635-200 requires an RE code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel during the initial 180 days of service while still in an entry-level status.  The policy applies to soldiers who have demonstrated that they are not qualified for retention because they cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  These soldiers are given an uncharacterized discharge and, when discharged under the provisions of chapter 11, are discharged by reason of entry-level status performance and conduct.  Only in certain meritorious cases approved by the Secretary of the Army are they entitled to an honorable discharge.  An RE code of RE-3 is mandated.

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 available records show that the applicant was discharged under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct and assigned an RE-3 code.  This code applies to persons not qualified for continued Army service, but the disqualification is waivable as determined by enlistment officials and the needs of the Army.  The applicant should contact her local recruiter, they are better able to determine the Army's needs and they are qualified to process a request for a waiver when it is deemed appropriate.

3.  In view of the circumstances in this case, the assigned RE code was, and is, still appropriate.  The applicant has submitted no evidence that her RE code is in error or should be changed.  

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

__lls___  __cjp___  __kwl___  DENY APPLICATION

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

INDEX

CASE ID	AR2002077744	
SUFFIX		
RECON		
DATE BOARDED	20030320	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	20011205	
DISCHARGE AUTHORITY	AR635-200, Chap 11	
DISCHARGE REASON	A25.03	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.2503	
2.		
3.		
4.		
5.		
6.