IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100012320 


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 that the reentry eligibility (RE) code on his National Guard Bureau (NGB) discharge orders be changed to allow him to reenlist without a waiver.

2.  The applicant states the following:

* he was honorably discharged from the New Jersey Army National Guard (NJARNG) on 26 June 2008 and he was assigned an RE code of 3
* he did not find know he had been discharged until he accessed his records over a month after he had been discharged
* it took the Medical Holding Company over a year to provide him copies of their documents and he disagrees with the reasons for their decisions
* he contacted the U.S. Army Inspector General and N.J. Senator Frank Lautenberg requesting assistance
* the Inspector General found no fault by the Medical Holding Company 
* Senator Lautenberg’s office said they were investigating his case, and they are working in conjunction with the Department of Veterans Affairs (VA) 
* he would like the discharge process at the Medical Holding Company at Fort Dix to be investigated so that his fellow Soldiers will not go through the same flawed process he went through

3.  The applicant provides 85 pages of documents that include 30 pages of a self-authored narrative concerning his service, administrative personnel records, three Noncommissioned Officer Evaluation Reports, service and private medical records, two DD Forms 214, training certificates, and a New Jersey State denial of unemployment benefits.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the National Guard for 8 years on 16 May 2002.  He completed his initial active duty for training on 25 April 2003 and he was transferred back to the NJARNG.  

2.  On 7 May 2004, he was ordered to active duty, effective 18 May 2004, in support of Operation Enduring Freedom.  This mobilization was extended and the applicant continued to serve on active duty in support of Operation Iraqi Freedom.  He served in Egypt from 14 July 2004 through 14 January 2005 and in Kuwait/Iraq from 20 June 2005 through 27 March 2006. 

3.  On 7 May 2006, the applicant was released from active duty and transferred back to his NJARNG unit.

4.  His available service and private medical records show he has been treated for insomnia and PTSD since at least 6 December 2007.

5.  On 10 April 2008, the applicant was transferred to the NJ Medical Holding Company for evaluation and treatment.  

6.  On 21 June 2008, the applicant accepted the findings of a Medical Evaluation Board (MEB) and stated he wished to be medically discharged.  The MEB proceedings are in the available record.

7.  The NJARNG Medical Director completed a Medical Summation Report on 22 June 2008 which states the applicant was diagnosed with post-traumatic stress disorder (PTSD), depression, and alcohol abuse (that was in remission).  He also stated the applicant had a history of ADHD and depression that was first diagnosed in high school.  He had a military disability rating of 30 percent for PTSD.  The final disposition was that the applicant be medically discharged.

8.  State of New Jersey, Department of Military and Veterans Affairs Orders    211-061, dated 29 July 2008, honorably discharged the applicant from the NJARNG and the Reserve of the Army effective 26 June 2008.  He was assigned an RE code of "3."  The reason for separation is not included on the orders and no National Guard Bureau (NGB) Form 22 (Report of Separation) is contained in the available record.

9.  On 4 September 2008, the NGB, Office of the Inspector General notified the applicant that his request had been reviewed and the following were found:

* he had been placed in the Medical Hold Company for treatment of PTSD 
* he had voluntarily signed a request for medical separation
* the inquiry had found no violation of regulation or standard by the Medical Holding Company
* both the New Jersey Inspector General and the Fort Dix Inspector General had addressed his issues and there were appropriate agencies to address his concerns
* the New Jersey Adjutant General (NJTAG) was the appropriate person to address his discharge-related issues to and that if after all other means had been exhausted or if his appeal to the TAG was denied, then he should appeal to the ABCMR

10.  National Guard Regulation 600-200 (Enlisted Personnel Management) provides the following information: 

	a.  RE Codes are defined or utilized as follows:

		(1)  "1" - Fully qualified for reentry;

		(2)  "2" - (Discontinued use effective 28 February 1995);

		(3)  "3" - Not fully qualified for reentry or continuous service at time of separation, but this disqualification is waivable;

		(4)  "4" - Ineligible for enlistment/reenlistment, nonwaivable; and

	b.  if a Soldier is medically unfit for retention, per Army Regulation 40-501, and is either refused or is ineligible to reclassify into a new MOS, then an RE 3 is required.

11.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.


DISCUSSION AND CONCLUSIONS:

1.  While all of the necessary documents that are required to determine whether all separation procedures were properly followed are not available, the evidence does show the applicant was discharged from the NJARNG as a result of a physical or mental condition.  In accordance with National Guard Regulation 
600-200, a Soldier separated for medical reasons will be assigned an RE code "3."

2.  In the absence of evidence to the contrary, it is presumed that the applicant's discharge proceedings were conducted in accordance with the laws and regulations applicable at the time.

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)                                         AR20100012320



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ABCMR Record of Proceedings (cont)                                         AR20100012320



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