MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 27 September 2001
         DOCKET NUMBER: AR2001058423

         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Eric N. Andersen		Member
Mr. Thomas E. O’Shaughnessy		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)

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APPLICANT REQUESTS: That his narrative reason for separation be changed to “Hardship” instead of “Personality Disorder”. He also requests that his separation authority, separation code and reentry (RE) code be changed.

APPLICANT STATES: That his unit had a personal vendetta against him. He contends that his wife lost a baby due to medical complications in July 1999 and when she got pregnant again he requested a delay in his transfer to Korea to be with her during her pregnancy. He contends that he also requested a hardship discharge. However, his requests were denied. He also contends that he was told the only way out of the Army was to get a personality discharge. Since his discharge, he has enlisted in the Washington Army National Guard, works full-time as a recruiter’s assistant and is enrolled in school as a full-time college student. He wants to go full-time in the National Guard or go back to active duty as an Army officer but needs his DD Form 214 (Certificate of Release or Discharge from Active Duty) amended. In support of his application, he submits a letter of explanation, dated 28 May 2001; a psychological evaluation, dated
24 January 2000; a letter, dated 21 January 2000, from a clinical psychologist; a letter, dated 21 January 2000, from his wife’s doctor; a National Guard Bureau Form 22-3 (Request for Waiver), dated 3 February 2000; a personal letter, dated 24 January 2000; and a letter, dated 22 January 2000, from his wife.

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

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records.

There is no evidence in the available records which shows the applicant requested a hardship discharge. There is no evidence in the available records which shows the applicant was denied a hardship discharge.

The applicant’s DD Form 214 shows that on 23 December 1999 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder. The applicant had served 1 year,
11 months and 19 days of total active service and was issued a RE code of
RE-3.

On 22 August 2001, the Army Discharge Review Board (ADRB) changed the applicant’s narrative reason for separation and separation authority to Secretarial Authority, Army Regulation 635-200. As a result of this action, the applicant will be issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty) which reflects a change to his separation authority, separation code and narrative reason for separation.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-3 of this regulation sets forth the requirements for separation of soldiers for the convenience of the Government under Secretarial Authority. The service of personnel separated under this paragraph will be characterized as honorable, under honorable conditions (a general discharge) or a characterized description of service if in entry level status.

Paragraph 6-3 of Army Regulation 635-200 states that soldiers of the Active Army and the Reserve Components may be discharged or released because of genuine dependency or hardship. The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. Under this provision for hardship discharge, parenthood of married service women and sole parenthood are the two conditions under which separation may be granted.

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, such as discharge for personality disorder or hardship.

RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army.

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 the absence of evidence to the contrary, it must be presumed that the applicant’s separation under the provisions of Army Regulation, 635-200, paragraph 5-13, for personality disorder, was administratively correct and in conformance with applicable regulations at the time of his separation from active duty.

2. The Board considered the applicant’s request that his narrative reason for separation be changed to “Hardship” and that his separation authority and separation code be changed. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he requested a hardship discharge. Therefore, there is no basis for granting the applicant’s requests.
3. On 22 August 2001, the ADRB changed the applicant’s narrative reason for separation and separation authority to Secretarial Authority, Army Regulation 635-200. As a result of this action, the applicant’s narrative reason for separation, separation authority and separation code will be amended on his new DD Form 214.

4. Evidence of record shows the applicant did not complete his initial term of service. Therefore, the RE code used in the applicant’s case is correct and was applied in accordance with the applicable regulations.

5. The applicant has failed to show through the evidence submitted or the evidence of record sufficient justification for upgrading his RE code. The applicant’s contention that he cannot go back to active duty is not valid because an RE code of 3 may be waived by the Army and the Army National Guard.

6. 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.

7. 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

RVO____ ENA_____ TEO____ DENY APPLICATION

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

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INDEX

CASE ID	AR2001058423
SUFFIX
RECON
DATE BOARDED	20010927
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19991223
DISCHARGE AUTHORITY	AR 635-200 Paragraph 5-13
DISCHARGE REASON	Personality Disorder
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	110.0200
2.	100.0300
3.
4.
5.
6.