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ARMY | BCMR | CY1997 | 9707709
Original file (9707709.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, that he be reinstated or authorized retirement.
APPLICANT STATES : In effect, that he was discharged primarily because he was verbally and emotionally abused by his command sergeant major.

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

He was born on 17 March 1957. He initially enlisted on 15 November 1974. He was placed on the Temporary Disability Retired List (TDRL) on 9 April 1987, at 30 per cent disability for major depression. On 10 May 1989, he was removed from the TDRL as fit for duty. He did not reenlist at that time. He did reenlist on 21 November 1990.

In July 1991, the applicant was diagnosed with a personality disorder not otherwise specified, manifested by dependent and passive-aggressive traits. No psychiatric disease or defect which would warrant disposition through medical channels was found.

On 26 September 1991, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 5-31, Personality Disorder.

On 30 September 1991, the applicant acknowledged notification of the action and after consulting with counsel, waived consideration of his case by an administrative separation board and waived personal appearance before such a board. He elected not to submit statements in his own behalf.

On 21 October 1991, the appropriate authority approved the recommendation.

On 6 November 1991, the applicant was discharged in the pay grade of E-6 under the provisions of Army Regulation 635-200, Chapter 5-31, personality disorder. He received a reentry code of “3.” He had completed 13 years, 4 months and 12 days of creditable active service with no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 5-31, sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty when so diagnosed by a physician trained in psychiatry and psychiatric diagnosis.
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 U.S. 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 waiverable.

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 an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

 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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. He had a right to request consideration of his case by board of officers and to personally appear before that board, but he waived that right.

3. There is no basis for removal of the RE code from the applicant’s record. The disqualification upon which the code was based, however, can be waived for reenlistment purposes. The applicant could have continued his career had he obtained a waiver.

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

 DENY APPLICATION
                                                      Loren G. Harrell
                                                       Director

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