APPLICANT REQUESTS: In effect, Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: In effect, that he return to full duty with his rightful active time; that he be promoted to the next higher grade and that he receive retroactive pay.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 26 June 1962. He completed 12 years of formal education. On 11 December 1980, he enlisted in the Regular Army for 3 years. His Armed Forces Qualifications Test score was 21 (Category IV). He completed the required training and was awarded military occupational specialty 11B10 (Infantryman). The applicant service was continuous through reenlistment and extensions. The highest grade he achieved was pay grade E-6.
On 30 May 1986, a Report of Mental Status Evaluation, indicated that the applicant was mentally responsible, able to distinguish right from wrong and mentally competent to participate in board proceedings. The psychiatrist also indicated that the applicant was experiencing an adjustment reaction to the reasonable demands of the military service and that the applicant did not possess the essential characterologic and emotional strength necessary to continue to be an effective soldier. The psychiatrist recommended that the applicant be considered for administrative action as deemed appropriate by the command, to include separation from service.
On 11 July 1986, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 5-13, (personality disorder). The applicant was counseled and advised of the basis for the contemplated separation action and the rights available to him.
On 12 July 1986, a medical examination found the applicant physically fit for retention.
On 28 July 1986, the commander notified the applicant that he was initiating action for discharge under the provisions of Army Regulation 635-200, chapter 5-13, for personality disorder. The commanders recommendation was based on the results of his psychiatric evaluation, the sudden downward trend in the applicants job performance and actions which indicated that he could not be rehabilitated for productive military service.
On 1 August 1986, the appropriate authority approved the recommendation and directed the issuance of an honorable discharge. On 7 August 1986, the applicant was discharged in pay grade E-6 under the provisions of Army Regulations 635-200, chapter 5-13, (personality disorder), with an honorable discharge. He had completed 5 years, 7 months and 27 days of creditable active service. The applicant was assigned reentry code RE-3.
Army Regulation 635-200, set forth the basic authority for separation of enlisted personnel. Chapter 5-13, of that regulation, then in effect. provided, in pertinent part, for the separation of personnel because of personality disorder. This policy applies to members who had demonstrated maladaptive pattern of behavior which interferes with assignments or performance of duty. The commander would separate a member under this chapter, when it was clearly established by a physician trained in psychiatry.
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.
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 9, 10, 13, and 14 of Army Regulation 635-200.
Title 10, US 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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
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 the aforementioned requirement.
2. The applicants voluntary request for separation under the provisions of Army Regulation 635-200, chapter 5-13, was administratively correct and in conformance with applicable regulations at the time. There was no indication that the request was made under coercion or duress.
3. In regard to the applicants request for retroactive pay and a promotion to the next higher grade. There is no legal basis for granting the applicants requests.
4. There appears to be no basis for removal or waiver of that disqualification which established the basis for the reentry eligibility code.
5. In view of the foregoing, there is no basis for granting the applicants requests.
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
DENY APPLICATION
Karl F. Schneider
Acting Director
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