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ARMY | BCMR | CY2008 | 20080000030
Original file (20080000030.txt) Auto-classification: Denied

	IN THE CASE OF:	  

	BOARD DATE:	  29 March 2008

	DOCKET NUMBER:  AR20080000030 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, to change his reentry (RE) code from RE-3 to RE-1 in order to reenlist in the Army National Guard.  

2.  The applicant states, in effect, that he was honorably discharged from the Louisiana Army National Guard (LAARNG) after being found medically unfit for retention on 15 December 2004.  The applicant continues that he is now in the best physical and mental shape of his life which enables him to perform any military duties.

3.  The applicant provided copies of his NGB Form 22 (Departments of the Army and the Air Forces National Guard Bureau Report of Separation and Record of Service); Army National Guard Discharge Orders, dated 15 December 2004; Standard Form 600 (Chronological Record of Medical Care), dated 1 March 2004; and two Independent Psychiatric Evaluations in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the LAARNG on 8 July 2003.  

3.  The applicant's Standard Form 600 shows that on 1 March 2004, he was in his sixth week of basic training at the U.S. Army Training and Doctrine Command Installation, Fort Knox, Kentucky, when he attempted suicide by trying to jump from the 3rd floor window in response to feeling depressed all the time.  The applicant's medical record shows that he became depressed after his mother told him she did not want him to return to live at home after his training.  The applicant's medical record further shows he was diagnosed and treated for Dysthymic Disorder [a chronic form of depression characterized by moods that are consistently low, but not as extreme as in other types of depression.  This condition could also exert an effect on the mind; capable of modifying mental activity, especially with drugs].

4.  The applicant's medical record shows that on 2 April 2004, he was treated for the flu, doing well on his medication, looking forwarded to graduating from training and returning home to go to school, and agreed to make follow-up appointments with a psychiatrist in Louisiana.  The applicant's medical record also shows his mood was cooperative, no homicidal ideations, his thought process was coherent, logical, and without psychotic elements.    

5.  On 4 June 2004, a Clinical Closing Summary was completed by the Department of Psychiatry at the Kenner Army Community Hospital.  The Clinical Closing Summary shows that the applicant completed the Salient Treatment Orientation and prescribed antidepressants.  

6.  The applicant’s discharge notification packet is not available.  The applicant's NGB Form 22, dated 15 December 2004, shows the applicant was honorably discharged from the LAARNG under the under the provisions of National Guard Regulation (NGR) 600-200, paragraph 8-26y, due to medical disqualification under the retention standards of chapter 3, Army Regulation 40-501.

7.  On 17 May 2005, the applicant requested that Chadha Medical Clinic, Dequincy, LA, complete a psychiatric evaluation for the purpose of his reenlistment in the Army.  The form shows the patient was given a letter showing his mental state was stable; however, this letter is not present in his military record nor does the applicant provide a copy.


8.  On 6 December 2005, the Institute for Neuropsychiatry of Lake Charles evaluated the applicant based on his interest in joining the Army/military.  The evaluation shows that the patient did not present any acute danger to self or others and indicated that further review should be given to the applicant's previous psychiatric /medical records.  

9.  There is no evidence in the available records which shows that the applicant requested a waiver, under the provisions of Army Regulation 135-178, for retention in the Reserve after he was determined to be medically unfit to meet the standards of Army Regulation 40-501, chapter 3.

10.  National Guard Regulation 600-200 (Enlisted Personnel Management) and Army Regulation 135-178 govern procedures covering enlisted personnel management of the Army National Guard.  Chapter 8 in pertinent part, shows the reasons for discharge and separation of enlisted personnel from the State Army National Guard.  Paragraph 8-26(y) of that regulation provides in pertinent part that individuals can be separated for being medically unfit for retention standards of chapter 3, Army Regulation 40-501. 

11.  Army Regulation 135-178, in effect at the time, established policies, standard, and procedures governing the administrative separation of enlisted Soldiers from the Reserve Components, states that separation will be accomplished by separation authorities when it has been determined that an enlisted Soldier is no longer qualified for retention by reason of medical unfitness unless the Soldier requests and is granted a waiver under Army Regulation 40-501 or NGR 40-501, as applicable; or eligible for transfer to the Retired Reserve.  Unless otherwise specified, Soldiers separated under this chapter will be awarded a character of service of honorable or under honorable conditions, unless an uncharacterized description of service is required. 

12.  Army Regulation 40-501, chapter 3, provides standards for medical retention.  Basically, members with conditions as severe as listed in this chapter are considered medically unfit for retention on active duty.  

13.  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 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 RA/RE codes.  The regulation states that 
RE–3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

14.  Table 2-3 (Separation Program Designator (SPD)/RE Code Cross Reference Table) of Army Regulation 635-5-1 (SPD Codes) establishes RE code 3 as the proper reentry code to assign to Soldiers who is medically unfit for retention.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his reentry (RE) code should be amended was carefully considered and determined to be without merit.  

2.  Persons who are assigned an RE-3 code can be disqualified for continued Army service.  However, the RE-3 is a waivable code and the applicant may request a waiver of the disqualifying factor upon request for reenlistment in military service. 

3.  There is no evidence and the applicant has not provided sufficient evidence showing that the RE-3 code issued at the time of his separation was in error or unjust.  Absent such evidence, there is no basis to amend the RE-3 code on the applicant's separation document as requested.

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
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080000030





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ABCMR Record of Proceedings (cont)                                         AR20080000030



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