RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 JUNE 2004
      DOCKET NUMBER:   AR2003099323


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Mae Bullock                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her RE (Reentry) Code be changed to permit
her to reenlist in the Army without a waiting period.

2.  The applicant states she was discharged for entry level performance and
conduct after being molested by another Soldier.  She states that she has
dealt with the issue on her own because the Army did not help her but she
still wants to serve her country.

3.  In a self-authored statement, she states the assault occurred on 3
January 2002 when she was returning from leave.  She states that she had
difficulty completing her training because she felt betrayed by the Army
and was not emotionally equipped to handle the events and requirements of
training.

4.  She states it has always been her dream to serve in the Army and now
that she has had time to think about and process what happened to her she
no longer blames the Army and believes she could complete of all her
training.

5.  The applicant provides her self-authored statement and a statement from
her former basic training unit commander.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty for a period of 4 years on 16 November 2001.

2.  According to a 9 January 2002 report of mental status evaluation, the
applicant reported that "approximately a week ago another trainee molested
her." The document noted that since the incident the applicant reported
that she had recurrent and intrusive recollections of the event and is
frequently tearful.  She reported fluctuating emotions, difficulty sleeping
and concentrating, and intense distress.  The evaluating official noted
that the applicant’s "presentation suggests that she cannot currently
perform in training and needs treatment for her symptoms."  The official
concluded the applicant was suffering from acute stress disorder and
recommended that "she be pulled from training and expeditiously separated
under Chapter 11."  She was provided with follow up appointments to monitor
her symptoms and to provide her with support.






3.  On 9 January 2002 the applicant's commander recommended that the
applicant be administratively separated from the Army under the provisions
of Army Regulation 635-200, Chapter 11, for entry level status performance
and conduct as a result of her acute stress disorder.

4.  The applicant acknowledged receipt of the proposed separation action,
including that her service would be uncharacterized and that she would be
precluded from reenlisting for a period of 2 years after her discharge.
She waived her attendant rights.

5.  The recommendation was approved and on 23 January 2002 the applicant
was discharged.  Her service was uncharacterized and she received an RE
Code of "3."

6.  The statement submitted by her former commander notes that until
another Soldier assaulted the applicant, she had successfully completed all
of her basic training events and requirements.  He states that her
discharge was based on her inability to cope with emotional issues related
to the assault, which made it difficult for her to focus on training.  He
states that if she has successfully dealt with those issues, which her
attempt to reenlist suggests that she has, he could think of no reason to
prevent her from enlisting in the Army.

7.  In October 2003 the Army Discharge Review Board determined that the
applicant was properly and equitably discharged and therefore her request
to change the character and/or reason for her discharge was denied.

8.  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 in an entry-level status, as a result of
entry level performance or conduct, who cannot or will not adapt socially
or emotionally to military life or who have demonstrated character and
behavior characteristics not compatible with satisfactory continued
service.  These provisions apply only to individuals whose separation
processing is started within 180 days of entry into active duty.

9.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed 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 who were not considered fully qualified for reentry
or continuous service at the time of separation, including those discharged
for entry level performance and conduct.  The disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  It is noted that it has been more than 2 years since the applicant was
discharge and that she acknowledged, as part of her separation processing,
that her service would be uncharacterized and that she would be precluded
from applying for reenlistment for a period of 2 years following her
discharge.

2.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors, which would tend to jeopardize her rights.  The type of discharge
directed and the reasons therefore were appropriate considering all the
facts of the case.

3.  The applicant's RE code is consistent with the reason for her discharge
and in this case there is no basis to correct the existing code.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

5.  The applicant is advised that although her discharge and RE-3 were
properly assigned; the disqualification upon which the RE-3 code was based
may be waived for enlistment purposes.  The applicant is advised that if
she desires to enlist, she should contact a local recruiter whom can best
advise her on her eligibility for returning to military service.  Those
individuals can best advise a former service member as to the needs of the
service at the time and may process enlistment waivers for both the
applicant’s RE code and her reason for separation.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MP   __  __WP___  __MB ___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ___Margaret Patterson_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099323                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040617                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |