RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 August 2004
DOCKET NUMBER: AR2004106247
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Gail J. Wire | |Chairperson |
| |Ms. Karen A. Heinz | |Member |
| |Mr. Paul M. Smith | |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 reentry (RE) code be changed from a 3
to a 1.
2. The applicant states that the Army said he was "bipolar" before he
entered the service. He had never been diagnosed as "bipolar" before. He
feels he was just depressed because of his marital problems. His marriage
is now stable and he would like to serve his country.
3. The applicant provides his DD Form 214 (Certificate of Release from
Active Duty or Discharge) and a letter to the U. S. Army Enlistment
Eligibility Activity dated 16 October 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 January 2002. He
completed basic training and advanced individual training and was awarded
military occupational specialty 54B (Chemical Operations Specialist).
2. The applicant's discharge packet is not available and the applicant did
not provide it. His DD Form 214 shows he was discharged on 8 April 2003
through Physical Evaluation Board (PEB) action for having a disability that
existed prior to service. He was given an RE code of 3.
3. 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 U.S. 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.
4. RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.
5. Recruiting personnel have the responsibility for initially determining
whether an individual meets current enlistment criteria. They are required
to process a request for waiver under the provisions of chapter 4, Army
Regulation 601-210.
DISCUSSION AND CONCLUSIONS:
1. The applicant's discharge packet is not available. However, the
applicant's statement agrees with the reason for separation listed on his
DD Form 214 – the Army separated him for having a disability that existed
prior to his entry in service.
2. It is presumed the applicant was evaluated and diagnosed by competent
military medical authorities. In the absence of compelling evidence to the
contrary, it appears the assigned RE code of 3 was and still is
appropriate. The applicant was disqualified from reenlistment, but the
disqualification is waivable.
3. Since enlistment criteria change, and since an individual has the right
to apply for a waiver, the applicant should periodically visit his local
recruiting station to determine if he should apply for a waiver.
Considering the diagnosis he stated the Army made, a current medical
evaluation from an appropriately-qualified physician to recruiting
officials might be of assistance.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__gjw___ __kah___ __pms___ 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.
____Gail J. Wire______
CHAIRPERSON
INDEX
|CASE ID |AR2004106257 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040810 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |100.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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