RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070004785


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, that his reason and authority for
discharge be changed and that his reentry eligibility (RE) code be changed
from RE-3 to RE-1.

2.  The applicant states, in effect, that his Report of Separation and
Record of Service (NGB Form 22) indicates that he was discharged by reason
of medically unfit for retention.  He states that he was discharged for
depression and hypertension; however, he never dealt with depression nor
did he have any problems with his blood pressure.  He states that he has
never taken medication for depression or hypertension.  He states that he
was discharged for financial reasons which were caused by a mix up with his
direct deposit information.  He states that the error caused him to bounce
several checks and caused him to get behind on payments and several bank
notes.  He states that he can pass any medical and physical test given to
him; that he believes the military will be a career for him; that his
financial issues have been resolved; and that there are no distractions
that can keep him from performing his military duties.  He concludes by
stating that he is strongly interested in the armed forces and hopes to
have a chance of getting his DD Form 214 corrected or overturned so he can
enlist.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 12 November 2003, the applicant enlisted in the Mississippi Army
National Guard for 8 years, in the pay grade of E-1.  He successfully
completed his training as a general construction equipment operator.

2.  The applicant's Active Duty Report shows that on 22 September 2004, the
applicant signed a statement indicating that he did not believe that he was
medically qualified to perform satisfactory military service.

3.  On 18 February 2005, the applicant was notified that under the
provisions of Army Regulation 40-501, his medical condition and/or physical
defects did not meet medical fitness standards for retention, due to
depression and hypertension.  He was afforded the options of accepting the
findings and being medically discharged or requesting a non-duty related
Physical Evaluation Board.

4.  On 17 March 2005, the applicant was honorably discharged under the
provisions of National Guard Regulation 600-200, paragraph 8-26j(1), as a
result of being medically unfit for retention.  He was assigned an RE-3
code.

5.  National Guard Regulation 600-200, paragraph 8-26j(1) provides for the
separation of enlisted personnel for medical unfitness for retention.  It
provides that commanders, who suspect that a Soldier may not be medically
qualified for retention, will direct the Soldier to report for a complete
medical examination per Army Regulation 40-501 and National Guard
Regulation 40-501.  Commanders who do not recommend retention will request
the Soldier's discharge.  The Soldier will be assigned an RE-3 code at the
time of separation.

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
processing into the Regular Army and the United States 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.

7.  An RE-3 code 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 chapter
8 of National Guard Regulation 600-200.  A waiting period of 2 years from
separation is required before a waiver may be submitted.

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.  He has provided no documentation to substantiate his contention that
his discharge was for financial reasons.  The records show that the
applicant signed a statement indicating that he did not believe that he was
medically qualified to perform satisfactory military service.  He was also
afforded the options of being medically discharged or requesting a non-duty
related Physical Evaluation Board and it appears that the elected to be
medically discharged.


3.  The available records show that the applicant was separated under the
provisions of National Guard Regulation 600-200, chapter 8, due to being
medically unfit for retention.  This information was properly annotated on
his NGB Form 22 and he was properly issued an RE-3 code in accordance with
the applicable regulations.

4.  Although the Army Board for Correction of Military Records has denied
both a change in the applicant's RE code and waiver of the
disqualification, this does not mean that he has been completely denied the
opportunity to reenlist. Recruiting personnel have the responsibility for
initially determining whether an individual meets current enlistment
criteria.  They are required to process a request for waiver under the
provisions of chapter 4, Army Regulation 601-210 (Regular Army and Army
Reserve Enlistment Program).  Therefore, since an enlistment criterion does
change, and since he has the right to apply for a waiver, it is suggested
that he periodically visit his local recruiting station to determine if he
should apply for a waiver.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RCH__   __JEV__   __RDG _  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.




                                  ____James E. Vick____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070004785                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  4                   |100.0300/RE CODE                        |
|3.  189                 |110.0000/SEPARATION DOCUMENT            |
|4.  191                 |110.0200/REASON & AUTHORITY             |
|5.                      |                                        |
|6.                      |                                        |


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