RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070007454 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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, correction of his records to allow for reenlistment in the Army.

2.  The applicant states, in effect, that prior to his discharge in March 2005, he underwent a medical examination and was diagnosed with Post Traumatic Stress Disorder (PTSD).  He further states that he recently attempted to rejoin the Army, but was informed that he was permanently barred from reentering the service.  He also states that he is currently rated 10 percent disabled by the Department of Veterans Affairs (DVA) and believes he is deliberately blacklisted. He concludes that a reevaluation of his medical condition would allow him to rejoin the Army.

3.  The applicant provides in support of his application a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a statement dated, 17 April 2007, by the Lancaster, California, Community Based Outpatient Clinic (CBOC); a disability rating statement by the DVA, dated 13 March 2007; an electronic copy of Standard Form (SF) 600 (Chronological Records of Medical Care); and a copy of his DD Form 2808 (Report of Medical Examination), dated 1 February 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army on 22 March 2001 for a period of 4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91W (Health Care Specialist).  

2.  The applicant's DD Form 214 shows that he was honorably released from active duty on 21 March 2005 in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations) for completion of required active service.  This form further shows that he was given a "Reentry" (RE) code of 1.

3.  Item 18 (Remarks) of the applicant's DD Form 214 shows that the applicant served in an imminent danger area for contingency operations in Kuwait during the period 15 December 2001 through 5 May 2002 and in Kuwait and Iraq during the period 6 April 2003 through 16 March 2004. 

4.  The applicant's SF 600, dated 4 November 2004 shows that he was assessed and diagnosed to have had depression, acquired leg length discrepancy, scoliatic change at cervical, thoracic, and lumber spine, and posterior rotation of the left hemi pelvis.  He was prescribed a treatment plan that included counseling; prescription drugs; hydration and exercise; manipulative therapy to the pelvis, sacrum, and spine; and he was advised to continue follow up treatment.

5.  Prior to separation, the applicant underwent a medical examination on 1 February 2005 where the attending physician noted in Item 77 (Summary of Defects and Diagnosis) of the DA Form 2808 that the applicant suffered from PTSD and in Item 78 (Recommendations, Further Specialist Examinations Indicated) that the applicant may need follow up for PTSD/Depression. 

6.  In a letter dated 13 March 2007 and submitted by the applicant, the DVA verifies that the applicant is rated 10 percent disabled due to service-connected causes and that he is collecting monthly disability compensation benefits.

7.  In a statement dated 17 April 2007 and submitted by the applicant, a medical doctor states that the applicant is a patient at the CBPOC, Lancaster, California, and that he has no obvious signs of mental or musculoskeletal illness.

8.  There is no evidence in the applicant's records that he was denied reenlistment.  A staff member of the Deputy Chief of Staff for Personnel, G-1, Pentagon, Virginia, contacted the Headquarters of U.S. Army Recruiting Command (USAREC) and verified that there is no record that the applicant has attempted to reenlist. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-1 of this regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

10.  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 (Regular Army and Army Reserve Enlistment Program), 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 Regular Army RE codes.  RE–1 applies to persons completing their term of service who are considered qualified to reenter the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to allow him to reenlist in the Army.

2.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for eligible applicants.

3.  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.  Therefore, there is no action required.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jcr___  __dac___  __qas___  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.



							Jeffrey C. Redmann
______________________
          CHAIRPERSON



INDEX

CASE ID
AR20070007454
SUFFIX

RECON

DATE BOARDED
20070920
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.

3.

4.

5.

6.