RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 November 2006
      DOCKET NUMBER:   AR20060007509


      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. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 code and Reentry (RE) Code
be changed to a code that will allow him to enlist in another service.

2.  The applicant states that there is nothing wrong with his emotional,
mental or physical state to keep him from enlisting in the Air Force.
Accordingly, he desires his separation and RE Codes to be changed to codes
that will allow him to enlist in the Air Force.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in Beckley, West Virginia, on 5 January 2004 for
a period of 3 years, training as a cannon crewman, and a cash enlistment
bonus of $6,000.  He was transferred to Fort Sill, Oklahoma to undergo his
one-station unit training (OSUT).

2.  On 3 February 2004, a medical evaluation board (MEB) reviewed the
applicant’s medical records and history and determined that the applicant
suffered from an attention deficit hyperactive disorder and a depressive
disorder, not otherwise specified that existed prior to service (EPTS).
Clinical records show that the applicant had a past psychiatric history,
that he had been diagnosed with Attention Deficit Hyperactivity Disorder
and Depression and had been prescribed Ritalin and Prozac.  The MEB
recommended that the applicant be expeditiously discharged in lieu of a
MEB.  The applicant indicated that he did not desire to remain of active
duty and that he concurred with the board’s findings and recommendations.
The applicant also submitted a request to be discharged based on the
findings of the MEB and requested that Physical Evaluation Board (PEB)
proceedings be waived.

3.  The appropriate authority approved his request on 4 February 2004 and
directed that he be furnished an uncharacterized entry level separation.

4.  Accordingly, he was discharged on 12 February 2004 under the provisions
of Army Regulation 635-200, paragraph 5-11, due to failure to meet
procurement medical fitness standards.  He had served 1 month and 8 days of
total active service and his service was uncharacterized.  He was issued a
separation code of “JFW” and a RE Code of “3.”

5.  Army Regulation 601-210 provides the guidance for the issuance of RE
Codes upon separation from active duty.  It states, in pertinent part, that
these codes are not to be considered derogatory in nature, they are simply
codes that are used for identification of an enlistment processing
procedure.

6.  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.  RE-4 applies
to persons separated with a non-waivable disqualification.

7.  Army Regulation 635-5-1, Separation Program Designators, provides, in
pertinent part, that enlisted Soldiers separated under the provisions of
Army Regulation 635-200, paragraph 5-11, will be issued a Separation Code
of “JFW.”
DISCUSSION AND CONCLUSIONS:

1.  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 this requirement.

2.  The applicant’s administrative discharge was administratively correct
and in conformance with applicable regulations with no indication of any
violations of the applicant rights.  Accordingly, the type of discharge
directed and the reasons therefore were appropriate under the
circumstances.

3.  The applicant has not provided any evidence to show that his diagnosis
at the time was incorrect or that he was unjustly separated for a condition
that did not exist.

4.  Therefore, lacking evidence to show that he was improperly diagnosed
for a condition that existed prior to service or that he was improperly
discharged, there appears to be no basis to grant relief in his case.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JM __  ___SP___  __DP___  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 Meixell________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007509                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(UNCHAR)                                |
|DATE OF DISCHARGE       |20040212                                |
|DISCHARGE AUTHORITY     |AR 635-200, Para 5-11                   |
|DISCHARGE REASON        |Failure to meet med fitness standards   |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |4/RE CODE                               |
|1.100.0300              |                                        |
|2.110.0200              |191/RSN/AUTH                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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