IN THE CASE OF:	  

		BOARD DATE:	    1 December 2011

		DOCKET NUMBER:  AR20110010422 


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 his narrative reason for separation and reenlistment eligibility (RE) code shown on his NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service) be changed.  He also requests items 
12 (Military Education) and 15 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) of his NGB Form 22 be amended. 

2.  The applicant states:

* He should never have been discharged
* A change in occupation would have been a sufficient adjustment for the conditions he was released for
* He has been trying hard (with no success) to rejoin the military since his discharge
* He has not been able to obtain civilian employment in his preferred career fields as a result of his termination from the military
* His narrative reason for separation and RE code are preventing him from rejoining the military
* He wants his narrative reason for separation changed to "Miscellaneous/General Reasons"
* While in the Army he was taking medication he didn't need
* He was honest about the medication when asked a standard question at a routine review of unit medical records and he was discharged as a result
* He stopped taking the medication 
* He has medical documentation stating he does not need the medication and he has been off it for more than 2 years
* He is physically and mentally capable of duty and will do anything requested to prove his competency for military service  

3.  The applicant provides:

* Two applications
* Memorandum, dated 5 October 2010, from The Adjutant General, New Hampshire Army National Guard
* NGB Form 22
* Medical records
* Three character reference letters  

4.  His application, dated 15 March 2010, indicates he wants additional military education and awards added to his NGB Form 22 but he did not specify what military education or awards.  This application also indicates he provided his AARTS (American or Army Council of Education Registry Transcript System) transcript but this documentation is not available.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the New Hampshire Army National Guard on 
12 January 2006.  He trained as a cannon crewmember.

2.  A DA Form 3349 (Physical Profile Record), dated March 2007, shows he was issued a permanent profile of 111114 for generalized anxiety disorder; obsessive compulsive personality disorder; narcissistic personality disorder; and impulse control disorder, unspecified.

3.  A memorandum, dated 19 March 2007, states after careful review of medical documentation provided by the applicant from his civilian physicians and his service medical records, the New Hampshire Army National Guard State Surgeon determined the applicant did not meet Army Regulation 40-501 (Standards of Medical Fitness) retention standards and recommended he be processed for medical disqualification.  On 12 April 2007, separation proceedings were initiated.  On 5 June 2007, the applicant elected to be discharged from the Army National Guard for medical retention disqualification.  

4.  He was honorably discharged on 13 June 2007 under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 8-35l(8), for being medically unfit for retention.

5.  His NGB Form 22 shows in:

* Item 12 he completed the 6-week cannon crewmember course in May 2006
* Item 15 he received the Army Service Ribbon
* Item 23 (Authority and Reason) the entry "NGR 600-200, Para [paragraph] 8-35l(8) Medically unfit for retention per AR [Army Regulation] 40-501"
* Item 26 (Reenlistment Eligibility) the entry "RE-3"   

6.  On 5 October 2010, The Adjutant General, New Hampshire Army National Guard denied the applicant's request to amend his narrative reason for separation and RE code on his NGB Form 22. 

7.  He provided medical documentation which states:

* he was diagnosed with depression/seasonal affective disorder/anxiety
* he has no identifiable diagnosis for a mental health disorder at this time
* he has been off of the medication Fluoxetine for the past 14 months 

8.  He also provided three character reference letters from a fellow Soldier, co-worker, and employer.  They attest the applicant:

* adjusted quickly to military life and had no problem working with others or following orders
* he broke unit records with physical and combat obstacle courses
* was very disciplined, strong, and a squared away Soldier
* is a great guy
* is honest and very mature
* is a dependable and motivated employee 

9.  Paragraph 8-35l(8) of NGR 600-200, implementing draft (NGB-ARH Policy Memorandum #06-053), dated 27 September 2006, refers to a Soldier being medically unfit for retention per Army Regulation 40-501.  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.  Commanders who do not recommend retention will request the Soldier's discharge.  When a medical condition was incurred in line of duty, the procedures of National Guard Regulation 40-3 will apply.  Discharge will not be ordered while the case is pending final disposition.  RE-3 code will be given.



10.  Table 8-1 (Definition of reentry eligibility codes) of NGR 600-200, implementing draft, states that: 

* RE-3 is assigned when a Soldier is not fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-2 is assigned when a Soldier is discharged before completing a contracted period of service, reenlistment is not contemplate, or requesting discharge for reason of pregnancy
* RE-1 is assigned when a Soldier is fully qualified for reentry

DISCUSSION AND CONCLUSIONS:

1.  He contends he should have never been discharged.  However, evidence shows on 5 June 2007 he requested to be discharged for medical retention disqualification.

2.  The applicant's narrative reason for separation and RE code were administratively correct and in conformance with applicable regulations at the time of his separation.  Therefore, there is no basis for granting the applicant's requested relief.

3.  His current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.

4.  Although he requests additional military education and awards be added to his NGB Form 22, he did not specify what military education or awards should be added nor did he provide any evidence to support this request.  Therefore, there is insufficient evidence on which to amend items 12 or 15 of his NGB Form 22.  

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.




      _______ _   _______   ___
               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)                                         AR20110010422





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ABCMR Record of Proceedings (cont)                                         AR20110010422



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