RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050002558


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 RE-3
to RE-1 so that he can enlist in the U.S. Marine Corps (USMC).

2.  The applicant states that his RE Code is incorrect because it prevents
him from enlisting in the USMC.  He had x-rays to verify that he was in no
way a risk or liability to the Armed Forces.  His doctor examined him and
wrote a letter that cleared him to enlist.  He is not suffering from back
pain and has had no trouble with his back in anyway.  He would gladly
appreciate if his RE Code of "3" be changed to "1" so that he may pursue a
military career that would better his life at this point in time.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and two medical statements from
civilian physicians, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a copy of a DD Form 2808 (Report of
Medical Examination), that was prepared prior to his entrance on active
duty (AD) in the Regular Army (RA), which shows that he was medically
qualified for enlistment with a 111111 physical profile.  It indicates a
medical inspection date of 9 September 2003.  His examination indicated
that he was treated for acne.

2.  The applicant's military records show he enlisted in the RA on
9 September 2003, as combat engineer, for a period of 4 years, in the pay
grade of E-3.

3.  From 17 to 18 September 2003, the applicant received three counseling
statements while attending basic training.  He was counseled for his poor
judgement, possible injury to others and self, unreliability in stressful
situations, minimal potential for Soldierization, recurrent suicidal
behavior, and poor motivation.  He was advised that he was a candidate for
an entry level separation.

4.  The applicant underwent a mental evaluation on 17 September 2003.  He
was evaluated pursuant to Army Regulation 635-200, paragraph 5-17, for a
disorder   currently manifesting disturbances or perception, thinking,
emotional control or behavior sufficiently severe that his ability to
effectively perform military duties was significantly impaired.  There was
no indication that this disorder had been aggravated by his relatively
short period of active duty.  It was recommended that


the applicant be removed from training and that training with weapons was
specifically not recommended.  The findings supported administrative
separation under the provisions of Army Regulation 635-200, paragraph 5-17.


5.  On 24 September 2003, the applicant’s commander notified the applicant
that he was initiating action to separate him from the service under the
provisions of Army Regulation 635-200, paragraph 5-17, for other designated
physical or mental conditions.  He cited, as the basis for his
recommendation, his "Other Medical Conditions", for emotion control,
behavioral problems and/or physical problems incompatible with military
service.

6.  On 27 September 2003, the applicant waived his rights to consult with
counsel and to submit statements on his own behalf.   He consented to the
proposed discharge action.

7.  On the same day, the commander submitted his recommendation for the
applicant's discharge to the appropriate authorities.  The applicant's
discharge was approved on the same day.

8.  The applicant was discharged on 1 October 2003, under the provisions
of Army Regulation 635-200, paragraph 5-17, for a physical condition, not
a disability.  He had a total of 23 days of creditable service.  He was
issued a separation program designator (SPD) code of "JFV" and an RE Code
of "3."

9.  The applicant provides two letters from civilian physicians.  The
letter dated 21 January 2005, indicates that lumbosacral spine and thoracic
spine x-rays were obtained.  No prior radiograph of the spine was available
for comparison.  Images from present examination demonstrated no evidence
of fracture or subluxation.  Vertebral body heights and disc spaces were
maintained.  His thoracic kyphosis and lumbar lordosis appeared normal.
There was a convex left scoliosis of lumbar spine with curvature of
approximately 10 degrees.  His bony mineralization appeared satisfactory
and no destructive bony changes were identified.

10.  The second letter, which was handwritten, dated 3 February 2003,
stated that the applicant had an examination physical.  He was found to
have
10 percent scoliosis of the lumbar spine and was clinically asymptomatic at
this point of time.




11.  Army Regulation 635-40, chapter 5, provides, in pertinent part, that
if a Soldier is processed for failure to meet procurement fitness standards
within the first six months of entry on active duty and the condition
existed prior to the term of service, then the Soldier will be discharged
in an entry level status with uncharacterized service.

12.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 5 covers separation for convenience of the
government.  Paragraph 5-1 states that unless the reason for separation
required a specific characterization, a Soldier being separated for the
convenience of the Government will normally be characterized as honorable,
under honorable conditions, or an uncharacterized description if in an
entry-level status.

13.  Paragraph 5-17, of the same regulation pertains to other designated
physical or mental conditions.  It states that commanders may approve
separation under this paragraph on the basis of other physical or mental
conditions not amounting to disability (Army Regulation 635-40) and
excluding conditions appropriate for separation processing under paragraph
5-11 or 5-13 that potentially interfere with assignment to or performance
of duty.  Such conditions may include, but are not limited to:  (1) chronic
airsickness; (2) chronic seasickness; (3) enuresis;           (4)
sleepwalking; (5) dyslexia; (6) severe nightmares; (7) claustrophobia; and
(8) other disorders manifesting disturbances of perception, thinking,
emotional control or behavior sufficiently severe that the Soldier's
ability to effectively perform military duties is significantly impaired.

14.  When a commander determines that a Soldier has a physical or mental
condition that potentially interferes with assignment to or performance of
duty, the commander will refer the Soldier for a medical examination and/or
mental status evaluation in accordance with Army Regulation 40-501.
Command-directed mental status evaluations will comply with regulation.  A
recommendation for separation must be supported by documentation confirming
the existence of the physical or mental condition.  Separation processing
may not be initiated under this paragraph until the Soldier has been
counseled formally concerning deficiencies and has been afforded ample
opportunity to overcome those deficiencies as reflected in appropriate
counseling or personnel records.

15.  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.
16.  RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.

17.  Army Regulation 635-5-1 prescribed the specific authorities
(regulatory, statutory, or other directives), the reasons for the
separation of members from active military service, and the separation
program designators to be used for these stated reasons.  The regulation
shows that the separation program
designator (SPD) "JFV", as shown on the applicant’s DD Form 214, with an
effective date of 1 October 2003, specifies the narrative reason for
discharge as "Physical Condition, Not a Disability" and that the authority
for discharge under this SPD is "Army Regulation 635-200, paragraph 5-17."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that, while attending basic training, the applicant
received three counseling statements for his poor judgment, possible injury
to self and others, unreliability in stressful situations, minimal
potential for Soldierization, recurrent suicidal behavior, and poor
motivation.  He was advised that he was a candidate for an entry-level
separation.

2.  The applicant underwent a mental evaluation and was evaluated pursuant
to Army Regulation 635-200, paragraph 5-17, for a disorder currently
manifesting disturbances or perception, thinking, emotional control or
behavior sufficiently severe that his ability to effectively perform
military duties was significantly impaired.  There was no indication that
his disorder had been aggravated by his relatively short period of active
duty.  The findings supported separation under the provisions of Army
Regulation 635-200, paragraph 5-17.

3.  The evidence shows that the applicant was discharged under the
provisions of Army Regulation 635-200, paragraph 5-17, due to a physical
condition, not a disability.  He was given a RE Code of "3" and was
discharged with service as uncharacterized.

4.  It is apparent that the applicant wishes to enlist so that he can serve
in the USMC; however, his RE Code of "3" prevents him from enlisting.

5.  The applicant has failed to show, through the evidence submitted with
his application or the evidence of record, that his separation which
resulted in receiving an RE Code of RE "3" was in error or unjust.



6.  The letters written in support of the applicant by civilian physicians
were considered; however, the evaluation that was conducted which centered
on the applicant's back was not related to the issues that resulted in the
applicant's separation from Army service.  During the applicant's
examination, and X-Rays of his back, it was determined that the applicant
has a curvature of his lumbar spine of 10% which may have a potential
effect on his acceptability for future military service.  Evaluation of
this condition would be considered prudent.

7.  The Board notes that the applicant is eligible to apply for a waiver
after 2 years; however, there is no evidence to show that he requested a
waiver within the 2-year period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  _KWL___  _LDS____  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.




                                  _           John Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002558                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5-17                |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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