RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060001871


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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, in effect, a change to the narrative reason for
his separation and his reentry (RE) code of RE-3.

2.  The applicant states that "i am trying to return to active duty, and
the RE code of RE-3 is keeping my paperwork from going any further.  i have
sent a letter in explaining why i would like in and that the reason that i
was discharged have been dealt with and as my i sergeant wanted i am trying
to come back and be the soldier he knew i was."

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 2 January 2002.  He completed
basic combat training and advanced individual training and was awarded the
military occupational specialty 92R1P (Parachute Rigger).

2.  On 5 February 2003, the applicant accepted nonjudicial punishment (NJP)
under the provisions of Article 15, Uniform Code of Military Justice
(UCMJ), for being absent without leave (AWOL) during the period on or about
18 November 
2002 to on or about 20 November 2002.

3.  On 19 February 2003, the applicant accepted NJP under the provisions of
Article 15, UCMJ, for making a false statement with the intent to deceive a
commissioned officer and his First Sergeant.

4.  The applicant's records show that he received several counseling
statements concerning his behavior and he was afforded the opportunity to
overcome his deficiencies.

5.  The applicant was given a mental health evaluation.  The applicant was
diagnosed with an adjustment disorder with mixed disturbance of emotion and
conduct, partner relational problems, occupational problems, immature
defenses, personality disorder NOS (Not Otherwise Specified), with
borderline and dependent traits.  The evaluation states, in effect, that
the applicant would require long term psychotherapy and his prognosis was
very poor.  Defects on judgment and rehabilitation are highly possible and
unpredictable.



6.  The applicant's commander notified him of his intent to recommend him
for discharge for other designated physical or mental conditions.

7.  On 28 March 2003, the applicant received notification of discharge and
was afforded the opportunity to consult with counsel; however, the
applicant waived his rights to submit a statement in his own behalf.

8.  On 24 April 2003, the applicant was discharged from active duty.  He
completed 1 year, 3 months, and 23 days of active service that was
characterized as honorable.  The DD Form 214 he was issued shows he was
assigned an RE-3 code and a Special Program Designation (SPD) code of LFV.

9.  Army Regulation 635-200 Personnel Separations provides the basic
authority for the separation of enlisted personnel.  Paragraph 5-17 states,
in pertinent part that a Soldier may be separated for other physical or
mental conditions not amounting to disability under Army Regulation 635-40,
that interferes with assignment to or performance of duty.  The regulation
states, in pertinent part that when a commander determines that a Soldier
has a physical or mental condition that potentially interferes with
assignment or performance of duty, the commander will refer the Soldier for
a medical examination and or a mental status evaluation in accordance with
Army Regulation 40-501.  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.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity.  The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

11.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) covers eligibility criteria, policies, and procedures for
enlistment and processing into the Regular Army 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 Regular Army RE codes.



12.  Table 3-1 (U.S. Army reentry eligibility codes) of Army Regulation  
601-210 states that RE-3 code applies to persons who are not considered
fully qualified for reentry or continuous service at time of separation,
but disqualification is waivable.

13.  Army Regulation 635-5-1 (Separation Program Designated Codes), Table  
2-3, states that an SPD code of LFV is the code used to reflect an
involuntary discharge for a physical condition, not a disability.

14.  The Army Human Resources Command publishes a cross-reference of SPD
and RE codes.  This cross-reference shows an SPD code of LFV is assigned an
RE code of RE-3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE-3 code be changed so that he may
return to active duty.  He also requests that the narrative reason for
separation on his DD Form 214 be changed.

2.  There is no evidence or indication that there was an error or injustice
in the processing of the applicant's discharge, nor has the applicant
contended that there was an error or injustice in his discharge.

3.  Since the applicant was properly discharged, there is no reason to
change a correctly assigned RE code or a properly assigned narrative reason
for separation.

4.  In order to justify correction of a military record the applicant must,
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

___jea __  ___tmr___  ___ml___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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.





                                  _______James E. Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001871                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060919                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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