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ARMY | BCMR | CY2004 | 20040009588C070208
Original file (20040009588C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2005
      DOCKET NUMBER:  AR20040009588


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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 requests that his RE (Reentry) Code and narrative reason
for separation be corrected.

2.  The applicant states there is no evidence of such a behavior pattern
consistent with the diagnosis on his certificate of discharge.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant entered active
duty on 28 August 2001.  He was 19 years old at the time of his enlistment.
 His enlistment physical examination notes a physical profile series of 1-1-
1-1-1-1.

2.  On 29 November 2001, while assigned to a reception battalion at Fort
Knox, Kentucky, the applicant was discharged under the provisions of Army
Regulation 635-200, paragraph 5-13.  His service was uncharacterized.  The
narrative reason for discharge was recorded as personality disorder while
his RE Code was recorded as 3.  The applicant authenticated his separation
document.  He had 3 months and 2 days of active Federal service at the time
of his discharge.

3.  Documents associated with the applicant's separation processing were
not in files available to the Board.

4.  Army Regulation 635-200, paragraph 5-13, provides for the
administrative separation of Soldiers for personality disorder that
interferes with assignment or with performance of duty.  It states that the
condition is a deeply ingrained maladaptive pattern of behavior of long
duration that interferes with the Soldier’s ability to perform duty.

5.  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 individuals who were not
considered fully qualified for reentry or continuous service at the time of
separation, including those separated as a result of a personality
disorder.
6.  On 3 November 2004 the Army Discharge Review Board denied the
applicant's petition to change the narrative reason for his discharge.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, the applicant’s
administrative separation as a result of a personality disorder is presumed
to be correct.  Although the applicant argues there is no evidence of
behavior consistent with the basis for his separation, he has presented no
evidence which supports that argument.  In the absence of such evidence
there is no basis to grant the relief requested.

2.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PS  __  __YM___  __LH____  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.





                                  _______Paul Smith________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009588                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|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.                      |                                        |


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