RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 July 2005
      DOCKET NUMBER:  AR20040007992


      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             |
|     |Mr. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Joe R. Schroeder              |     |Member               |

      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's application is accepted as a request for a change of
his reentry eligibility (RE) code, currently RE-4, to an RE code which
would allow him to reenlist.

2.  The applicant states, in effect, that he was informed that he could
reenlist 2 years after the date of his discharge.

3.  The applicant provides, through his Congressional representative, a
copy of:

      a.  his DD Form 214 (Certificate of Release or Discharge from Active
Duty) with a separation date of 10 March 1989;

      b.  a letter, dated June 15, 2004, from Headquarters, United States
Army Recruiting Command to the applicant's Congressional representative
that states the applicant is ineligible for reenlistment due to the
assignment of a RE code of RE-4 on his DD Form 214;

      c.  transcripts from Grand Valley State University that show the
applicant was awarded a Bachelor of Science Degree on 25 April 1998;

      d.  a psychological evaluation conducted on 29 August 2002 by a
licensed psychologist.  In the examiner's summary he stated that the
evaluation showed that the applicant is a very well adjusted individual
with no evidence of emotional or interpersonal pathology; and

      e.  three personal references that attest to the applicant's great
work ethic, self-confidence to excel, commitment to his teaching position
and his ability to communicate and motivate those around him.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 March 1989, the date of his discharge.  The application
submitted in this case is dated 16 July 2004 and was received on 30
September 2004.

2.  Title 10, U.S. 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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted on 7 July 1988
for a period of 2 years.  He successfully completed basic combat and
advanced individual training and was awarded the military occupational
specialty 11M10 (fighting vehicle infantryman).  The highest grade the
applicant held was private/pay grade E-2.

4.  The applicant was evaluated by a colonel of the Medical Corps of the
Clinical Psychiatric Services who diagnosed the applicant with a mixed
personality disorder that was a deeply ingrained, maladaptive pattern of
behavior of long duration which interferes with the applicant's ability to
perform duty.  The examiner recommended the applicant be discharged and
cleared him psychiatrically for any administrative action as deemed
appropriate by command.

5.  On 25 January 1989, the applicant's commander notified him that he was
initiating action to discharge him under the provisions of Chapter 5,
paragraph
5-13 of Army Regulation 635-200 due to a personality disorder and that the
least favorable characterization of discharge he could receive is an
honorable discharge.

6.  The commander advised the applicant of his right to submit statements
in his own behalf; to be represented by counsel; to waive any of these
rights; and to withdraw any waiver of rights at any time prior to the date
the discharge authority directs or approves his discharge.

7.  On 25 January 1989, the applicant submitted a statement acknowledging
that he had been advised by counsel of the basis for the contemplated
action to discharge him under the provisions of Chapter 5, paragraph 5-13
of Army Regulation 635-200 for a personality disorder.  The applicant
stated that he was not submitting statements in his own behalf, that he
wanted copies of documents sent to separation authority and that he did
want treatment in a Department of Veterans Affairs Medical Center.  He
acknowledged that he would be ineligible to apply for enlistment in the
Army for 2 years after discharge.

8.  On 26 January 1989, the applicant's commander recommended him for
discharge due to personality disorder and that his service be characterized
as honorable.



9.  On 2 March 1989, the appropriate authority approved the recommendation
for discharge due to personality disorder and directed the applicant's
service be characterized as honorable.

10.  On 10 March 1989, the applicant was discharged under the provisions of
Chapter 5, paragraph 5-13 of Army Regulation 635-200 due to a personality
disorder and assigned a RE code of RE-4.  He had 8 months and 4 days active
service characterized as honorable.

11.  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
(Regular Army and Army Reserve Enlistment Program) 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.

12.  Table 3-6 (Armed Forces Reenlistment Eligibility Codes) of Army
Regulation 601-210, in effect at the time, states that RE-4 applies to
persons separated from their last period of service with a nonwaivable
disqualification

13.  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 Chapter 9, 10,
13, 14, and 16 of Army Regulation 635-200.

14.  Table 4-2 (Nonwaivable Moral and Administrative Disqualifications) of
Army Regulation 601-210 lists nonwaivable moral and administrative
disqualifications.  Discharge by reason of a personality disorder is not
listed.

15.  Table 4-3 (Nonwaivable Disqualifying Separations) of Army Regulation
601-210 lists nonwaivable disqualifying separations.  Discharge by reason
of a personality disorder is not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his RE code should be changed
to make him eligible to apply for reenlistment.

2.  The applicant was discharged by reason of a personality disorder, which
is a waivable disqualification.  Therefore, the applicant should have been
assigned a RE-3 in accordance with Army Regulations.
BOARD VOTE:

__ JRS__  ___KLW _  ___JEA _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing the applicant was assigned a
reentry eligibility code of RE-3 instead of RE-4.



                                  _James E. Anderholm__
                                       CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007992                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050714                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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