RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001897 


	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.  




Director



Analyst


      The following members, a quorum, were present:




Chairperson



Member



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 the reentry (RE) code be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 13 December 2005.

2.  The applicant states, in effect, that the current RE code on his DD Form 
214 does not allow him to reenter the military.  He states that he does not have a history of depression and that he has not exhibited any signs of depression or had any sort of medical care since the two years he has been out of the military.

3.  The applicant states that he was in an infantry military occupational skill and was miserable in his Army contract.  He tried to be reassigned to something he would enjoy, but his efforts were fruitless.  He told his chain of command that he wanted out of the military.  They told him that he had to at least attempt to take some type of medicine in order to be considered for discharge so they gave him depression medicine.  He was also told that after two years he would be able to enlist in a job he could enjoy.

4.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 May 2003 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).

2.  On 19 September 2005, the applicant underwent a mental status evaluation and was diagnosed by a military psychiatrist as having adjustment disorder with depressed mood.  The military psychiatrist stated that in accordance with Army Regulation 635-200 the applicant met the criteria for a chapter 5-17 separation.  The military psychiatrist determined that the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible.

3.  On 10 November 2005, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for three specifications of failing to be at his appointed place of duty and failing to shave.

4.  On 10 November 2005, the applicant’s commander initiated elimination of the applicant under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17 for other designated physical or mental conditions.  The reason cited by the commander was the applicant being diagnosed with having a pervasive development disorder not otherwise specified.
5.  On 10 November 2005, the applicant was advised by consulting counsel of the basis for the contemplated separation action.  The applicant indicated that he was counseled by appropriate counsel and that he was not entitled to have his case heard by an administrative separation board.  The applicant also indicated that he would not provide a statement on his own behalf.

6.  On 22 November 2005, the appropriate authority approved the recommendation for discharge.  On 13 December 2005, the applicant was honorably discharged under the provisions of chapter 5 of Army Regulation
635-200, by reason of "CONDITION, NOT A DISABILITY."  He had completed 2 years, 7 months, and 4 days of creditable active service with no days of lost time.

7.  The applicant's DD Form 214 shows in item 27 (Reentry Code) the entry "3."

8.  Army Regulation 635-200 governs the separation of enlisted personnel.  Paragraph 5-17 states a commander may approve separations under this paragraph on the basis of other physical or mental conditions not amounting to disability (under the provisions of Army Regulation 635-40) that potentially interfere with assignment to or performance of duty.  

9.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Paragraph 3-21 of the regulation states that RE-3 applies to a Soldier who is not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. 

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he needs his RE code changed on his DD Form 214 in order to reenter the military.  However, the Army Board for Correction of Military Records (ABCMR) does not change records solely to allow former Soldiers reentry in the service.  The evidence of record confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulations, to include the RE-3 code assignment.  Lacking independent evidence to the contrary, it is determined that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the assigned RE-3 code was appropriate.  
2.  However, this does not mean that the applicant has been completely denied the opportunity to enlist.  Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process a waiver request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XX  ___  ___XX _  ___XX  _  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.




      ____     XX__________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001897


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508