IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110017895 


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, a change in the narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states he wishes to afford himself the opportunity to enlist if his medical disabilities clear up.

3.  He provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 April 2010.  After completing basic combat training on 13 September 2010, he was assigned to Fort Huachuca, AZ, for advanced individual training (AIT).

2.  During the period 14 September through 14 November 2010 while attending AIT, he received performance counseling on multiple occasions for the following:

* failing to maintain proper hygiene and disregard for fellow Soldiers' health
* being on duty out of uniform
* sleeping in class
* malingering
* failing a graded performance evaluation
* failing to do assigned homework
* missing a medical appointment and failure to follow an order or regulation
* being late for duty
* wearing civilian clothes while on reduced privileges
* harassing a female Soldier
* failing to report

3.  On 14 October 2010, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for failing to obey a lawful order and being derelict in the performance of his duties.

4.  On 29 November 2010, he underwent a behavioral health evaluation.  The U.S. Army Medical Command Form 4038 (Report of Behavioral Health Evaluation) completed at that time shows he had been discharged from inpatient psychiatric hospitalization approximately 5 days earlier.  The examining psychologist diagnosed him as having an adjustment disorder with anxiety and depressed mood and predominantly inattentive-type attention deficit hyperactivity disorder.  The examining psychologist found he met psychiatric criteria for expeditious administrative separation in accordance with Army Regulation 
635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions).

5.  In an undated memorandum, his commander notified him he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17, based on his diagnosis of adjustment disorder with anxiety and depressed mood and attention deficit hyperactivity disorder.  His commander noted he had received NJP and informed him he was recommending characterization of his service as general under honorable conditions.

6.  On 7 January 2011, he acknowledged receipt of notice of the contemplated action to separate him.

7.  On 12 January 2011, he waived the opportunity to consult with an attorney concerning the election of his rights for the proposed administrative discharge.  He acknowledged he had been afforded the opportunity to consult with counsel and elected to proceed without consultation.  He further indicated he understood the separation action would be processed as if he had consulted with counsel and stated he had made the decision to waive counsel of his own free will.

8.  He elected not to submit statements in his own behalf and acknowledged he would be ineligible to apply for enlistment for a period of 2 years after discharge.

9.  On 12 January 2011, the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 5-17, and directed issuance of a General Discharge Certificate.  On 19 January 2011, he was discharged accordingly.

10.  His DD Form 214 shows in:

* item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
5-17
* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – condition, not a disability

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the narrative reasons for separation to be entered in item 28 of the DD Form 214.  It states the narrative reason for separation for Soldiers discharged under the provisions of Army Regulation 635-20, paragraph 5-17, is "condition, not a disability."

12.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of reentry eligibility (RE) codes.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.  They are ineligible to reenlist unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, which required "condition, not a disability" as the narrative reason for separation on his DD Form 214.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.

2.  During his discharge processing, he acknowledged he would be ineligible to apply for enlistment for a period of 2 years after discharge and he was assigned the associated RE code of 3.  When the 2-year period of ineligibility has expired, he may contact a recruiter to pursue a waiver to enlist.

3.  In view of the foregoing, there is no basis for granting the relief he requests.



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 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)                                         AR20110017895



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ABCMR Record of Proceedings (cont)                                         AR20110017895



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