RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060014352 


	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.  


x

	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 report of separation (DD Form 214) be corrected to reflect that he was serving in the Active Guard Reserve (AGR) Program, that he be given a Reentry (RE) Code of “1”, and that the narrative reason for separation and separation authority that is on his DD Form 214 be removed. 

2.  The applicant states, in effect, that he was never seen by a medical board or diagnosed by a professional doctor and that he was unjustly discharged by reason of a personality disorder.  He goes on to state that no such diagnosis was ever made in his medical records.  He further states that his commander recognized that he had shut down mentally and physically and requested that he be removed from the theater and returned to the rear detachment, not to be chaptered out.  As a result, he lost his AGR status and ended his military career.  
3.  The applicant provides a two-page statement, a copy of his DD Form 214, a Memorandum for Record from the Mental Health office, a copy of his initial AGR orders, and a memorandum from the brigade commander to the assistant division commander requesting his release from active duty (REFRAD).  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 November 1995 and served on active duty until he was honorably REFRAD in the pay grade of E-5 on
27 March 2002, due to the expiration of his term of service (ETS).  He had served 6 years and 4 months of total active service.  

2.  Meanwhile, prior to his REFRAD, he enlisted in the Army National Guard (ARNG) for a period of 1 year, 3 months, and 29 days and upon his REFRAD, he was transferred to a New Jersey ARNG unit in Teaneck, New Jersey.  

3.  On 4 November 2002, he was voluntarily ordered to active duty in the AGR Program for duty as a full time support supervisor of a Class IX Activity in Lawrenceville, New Jersey.  His orders specified that in the event that his ARNG unit of assignment is called or ordered to Federal active duty, he would be terminated automatically from his Title 32, United States Code, section 502(f) AGR status the day before the effective date of federalization and would be included on unit mobilization orders.  His AGR active duty commitment was for a period of 3 years.  

4.  He was promoted to the pay grade of E-6 on 15 May 2004.  His unit was ordered to active duty in support of Operation Iraqi Freedom III.  He entered active duty as a member of his unit on 6 June 2004 and on 5 January 2005, he deployed to Southwest Asia (SWA) with his unit.     

5.  On 27 June 2005, a memorandum for record was prepared by the Division Mental Health Office which evaluated the applicant.  The memorandum indicates that the applicant was capable of returning to his unit provided that he not be allowed to carry weapons or ammunition, that he not participate in combat missions, that his unit supervise the administration of his medications (Wellbutrin), that he be maintained on unit watch as a suicide risk, that he report to mental health for follow-up each week, and that his phone and computer access be restricted.  The examining official opined that the applicant suffered from a psychiatric condition; however, it appeared that most of his impulsive behavior could be seen as an attempt to increase the stakes to make a case for his release from active duty.

6.  On 11 July 2005, the brigade commander dispatched a memorandum to the Assistant Division Commander requesting that the applicant be REFRAD under the provisions of Army Regulation 635-200, paragraph 5-13.  He requested that the applicant be returned to Fort Dix, New Jersey for REFRAD and subsequent processing by the NJARNG.

7.  The actual facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his records do contain a duly constituted DD Form 214 authenticated by the applicant which shows that he was honorably REFRAD at Fort Dix on 7 August 2005, under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  He was issued an RE Code of “3.”  He was also honorably discharged from the ARNG and the Reserve of the Army on 7 August 2005.

8.  Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states, in pertinent that a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  

9.  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 processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.
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.
   
DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.  

2.  At the time the applicant was REFRAD, he was not serving in an AGR capacity.  His initial AGR orders specifically informed him that his AGR status would terminate automatically in the event he was mobilized with his unit.  Accordingly, there is no basis to correct his DD Form 214 to reflect that he was serving in an AGR status at the time of his REFRAD.

3.  While the applicant still has the right to apply for a waiver of his RE Code to enlist at any recruiting office after 2 years has elapsed, there is no basis for this Board to change his RE Code without evidence to show that he was issued the wrong code.  

4.  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 the aforementioned requirement.
  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x__  __x __  __x__  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.





_____x_______
          CHAIRPERSON




INDEX

CASE ID
AR20060014352
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070426
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         1.110.0200
191/RSN-AUTH
2.100-0300
4/RE CODE
3.

4.

5.

6.