RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 JULY 2006
      DOCKET NUMBER:  AR20050015534


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 his home of record (HOR) on his 2004 separation
document be corrected to reflect an address in New York City vice one in
the Bronx.  He also asked that his losing unit be changed from Headquarters
and Headquarters Company, 3rd Battalion of the 502nd Infantry to
Headquarters and Headquarters Company, 1st  Battalion of the 75th Cavalry,
that his Reentry (RE) code be changed to that equivalent to an
uncharacterized discharged and that his rank of E-4 be restored on that
same separation document.

2.  The applicant states he served overseas in support of Operation Iraqi
Freedom for 12 months and that his rank should be restored because his UCMJ
(Uniform Code of Military Justice) action expired prior to his separation
after he completed his extra duty.

3.  The applicant indicates that he provided a copy of his separation
document and a copy of his deployment orders in support of his request.
However, neither document was attached to his application when it was
received.

CONSIDERATION OF EVIDENCE:

1.  The applicant was administratively discharged on 9 July 2004 as a
result of personality disorder.  His separation document indicates he was
discharged in pay grade E-1 with a date of rank of 8 September 2003, that
his HOR at the time of his entry on active duty was located in the Bronx,
New York, that he was assigned to Headquarters and Headquarters Company,
3rd Battalion, 502nd Infantry, and that his RE code was 3 and his
separation code was JFX.

2.  Other documents available to the Board indicate that the applicant was
a member of the New York Army National Guard prior to enlisting in the
Regular Army on 23 January 2003.  He had attained the rank of specialist E-
4 while in the Army National Guard and was permitted to retain that rank
upon his enlistment in the Regular Army.  His enlistment contract reflects
a HOR address in the Bronx, New York, the same address as reflected on his
separation document.

3.  Following his enlistment, the applicant was assigned to Fort Campbell,
Kentucky, and remained assigned to that installation until his discharge.
There is no indication that he ever deployed in support of Operation Iraqi
Freedom or that he was assigned to Headquarters and Headquarters Company,
1st Battalion, 75th Cavalry.

4.  According to his separation document his effective date for pay grade E-
1 was 8 September 2003 suggesting that he was reduced to that grade after
his enlistment in the Regular Army.  Documents associated with the
reduction in rank were not in records available to the Board.  However, a
15 June 2004 counseling statement indicates the applicant was counseled for
wearing the rank of an E-4 on 15 June 2004 when his actual rank was E-1.
When asked why he was wearing inappropriate rank he stated that he thought
he was an E-4 because he had completed the extra duty from a previous
Article 15.  He also indicated on the counseling form that he did not feel
like a private that day, he felt like a specialist E-4.

5.  On 24 June 2004 the applicant’s commander initiated actions to
administratively separate the applicant from active duty under the
provisions of Army Regulation 635-200, paragraph 5-13 (personality
disorder).  The commander cited the applicant’s inability to adjust to the
military, his display of extremely poor coping skills and inability to even
modestly adjust to the routine and often minor daily stressors of the
military.  The commander also noted that the applicant would remain
indefinitely non-deployable and unable to carry firearms, which clearly
precluded his continued military service.  The recommendation was
subsequently approved and the applicant was discharged as indicated above.

6.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
Codes, including RA RE Codes.  RE-3 applied to Soldiers who were precluded
from reenlisting at the time of their separation from the Army.

7.  Army Regulation 635-5-1 states that SPD (Separation Program Designator)
codes are three-character alphabetic combinations, which identify reasons
for, and types of separation from active duty.  SPD Code JFX applies to
individuals who are separated by reason of a personality disorder.

8.  A “cross-reference” chart, provided by officials from the separations
branch at the United States Army Human Resources Command-Alexandria, notes
that
RE-3 was the appropriate RE code for individuals who receive a separation
code of JFX.

9.  Army Regulation 635-200, which establishes the policies and provision
for the separation of enlisted Soldiers, notes that an uncharacterized
discharge my be issued only if the Soldier is still in an Entry Level
Status (within the first 180 days of active service).

10.  Army Regulation 635-5-1 notes that there is no specific separation
code associated with an uncharacterized separation but is dependent on the
provision of Army Regulation 635-200 which served as the basis for the
individual’s administrative separation.  Generally, however, provisions
which might warrant the separation of entry level Soldiers also required
the assignment of either an RE-3 or RE-4.

11.  Army Regulation 601-280 states that the Home of Record is the place
recorded as the home of the Soldier when entered into the current tour of
active duty.  It is not necessarily the legal domicile as defined for
income tax purposes.  Effective 1 January 1987, Home of Record is the place
recorded as the home of the individual when commissioned, appointed,
enlisted, inducted, or ordered into the relevant tour of active duty.  The
Home of Record remains the same as that recorded when commissioned,
appointed, enlisted, or inducted or ordered into the relevant tour of
active duty unless there is a break in service of more than one full day.
Only if a break in service exceeds one full day, can the member change the
home of record.

12.  The Joint Federal Travel Regulation authorizes correction only when
through a bona fide error, the place originally named at the time of
current entry into the service was not in fact the actual home.  Any such
correction must be the actual home of the member upon entering the service,
and not a different place selected for the member’s convenience.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided no evidence which would warrant any of the
corrections to his 2004 separation document which he is requesting.

2.  The documents available to the Board suggest that the applicant may
have been serving in pay grade E-4 at the time of his entry on active duty
in 2003 but he was apparently reduced to pay grade E-1 later.  The fact
that his punishment under an Article 15 may have completed is not evidence
or justification for restoration of his rank.

3.  There is no evidence, and the applicant has not provided any, which
confirms he deployed overseas in support of Operation Iraqi Freedom and no
evidence that he was assigned to the 1st Battalion, 75th Cavalry.

4.  The applicant’s RE code was appropriately assigned and he has provided
no basis which would warrant changing the properly assigned code.  While
there is no specific RE code associated with an uncharacterized discharge
or separation, generally, the basis for a separation which might result in
an uncharacterized discharged still dictates assignment of either the RE-3
or RE-4.

5.  The applicant has provided no evidence that his HOR was erroneously
recorded at the time of his enlistment and the address on his separation
document is consistent with the address reflected on his enlistment
document.

6.  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

__AR   __  ___LD___  __PT ___  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.





                                  _______Allen Raub_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015534                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|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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