RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 September 2005
      DOCKET NUMBER:  AR20040010545


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 separation (SPD) code (block 26) and
Narrative Reason for Separation (block 28) on his report of separation (DD
Form 214) be corrected to reflect data that will allow him to re-enter the
service.

2.  The applicant states that at the time he had trouble with his
girlfriend because she did not want him in the military and she cheated on
him.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 2 August 2000.  The application submitted in this case is dated
10 November 2004 and was received on 1 December 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 limitation 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.  He was born on 28 January 1982 and enlisted in the United States Army
Reserve (USAR) in Syracuse, New York on 2 September 1999, for a period of
 8 years, training as a combat engineer and assignment to a USAR unit in
Watertown, New York.

4.  He was ordered to initial active duty for training (IADT) on 29 June
2000 and was transferred to Fort Leonard Wood, Missouri, to undergo his one-
station unit training (OSUT).

5.  On 27 July 2000, while still assigned to the Reception Battalion, an
Entrance Physical Standards Board (EPSBD) was conducted due to the
applicant’s recurrent suicidal gestures and severe separation anxiety.  The
applicant reported that he began to feel sick even before leaving home, was
constantly throwing-up, and had recurrent diarrhea and heartburn.  He began
to have nightmares that his parents were going to die and that he would
never make it home.  He threw up after every meal and had abdominal
cramping, which escalated on a daily basis.  He wrote letters home
threatening suicide and his mother had to be admitted into an inpatient
psychiatric unit.  He reported that he attempted to choke himself with his
bootlaces and the cord from his running shorts on numerous occasions but
was prevented from doing so by his fellow members.  He also stated that he
did not feel like doing any of the basic training tasks because he was not
motivated mentally to do so.  He also stated that he would do anything to
get out of the Army and if retained, would continue to try and kill himself
or escape.  He also indicated that if separated, he would return to be with
his girlfriend and find a college to attend.

6.  The EPSBD found that he suffered from anxiety disorder, Dependent
Personality Traits and Occupational and family problems that existed prior
to service (EPTS) and recommended that he be discharged for a condition
that EPTS.

7.  The applicant, after being advised of his rights, concurred with the
findings and recommendations of the EPSBD and requested to be discharged
without delay.  The appropriate authority approved the findings and
recommendations of the EPSBD on 31 July 2000.

8.  Accordingly, he was discharged on 2 August 2000, under the provisions
of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement
medical fitness standards.  His service was uncharacterized and he was
issued a Reentry (RE) Code of “3.”  He had served 1 month and 4 days of
total active service.

9.  Army Regulation 635-200, paragraph 5-13 provides the criteria for the
separation of personnel who did not meet procurement medical fitness
standards when accepted for enlistment.  It states, in pertinent part that
medical proceedings must establish that a medical condition was identified
by appropriate military medical authorities within 6 months of IADT which
would have temporarily or permanent disqualified the member for entry into
military service, had it been detected at the time of enlistment.

10.  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 chapters 5, 9,
10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years
from separation is required before a waiver may be submitted through a
local recruiting office.  Waivers are normally contingent on the needs of
the Service at the time of application and the circumstances surrounding
the individuals separation from the service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was administratively correct
and in conformance with applicable regulations with no indication of any
violations of the applicant’s rights.

2.  Accordingly, the type of discharge directed and the reasons therefore
were appropriate under the circumstances and the applicant has failed to
show otherwise.

3.  The applicant’s contentions have been noted.  However, they do not
coincide with the evidence of record and the information he provided at the
time he arrived at the Reception Station at Fort Leonard Wood.
Notwithstanding the diverse difference in his explanations then and now,
the applicant still has the option to apply for a waiver to enlist at his
nearest recruiting office.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 August 2000; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 August 2003.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sk____  __bje___  __rtd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  Stanley Kelley
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010545                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |191/RSN/AUTH                            |
|1.110.0200              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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