IN THE CASE OF:	  

		BOARD DATE:	  2 August 8, 2012

		DOCKET NUMBER:  AR20110023860 


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 reentry eligibility (RE) code of 3 be changed so he can enlist in the Army.

2.  The applicant states he has been reevaluated and he shows no symptoms of the reason he was discharged.

3.  The applicant provides a letter, dated 25 January 2011, from his doctor at the RediCare Walk-in Care Center, Paducah, KY.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 9 August 2010.  He did not complete basic combat training.

2.  On 16 September 2010, he was evaluated by an Entrance Physical Standards Board (EPSBD).  The condition existing prior to service (EPTS) was identified on 7 September 2010.

	a.  He was evaluated at Community Mental Health Services for self-reported complaints of depression and anxiety, not being able to tolerate the stress of the basic training environment, and feeling he could not continue in training.

	b.  Written records were obtained from Cumberland Hall in Hopkinsville, KY, which documented he had been psychiatrically hospitalized as an inpatient in 2003 and diagnosed with attention deficit hyperactivity disorder (ADHD), oppositional defiant disorder, and intermittent explosive disorder.

	c. Written records from 2007-2009 were obtained from Dr. B____d in Murray, KY, which documented an additional diagnosis of bipolar disorder and prescription use of Risperdal.

	d.  The prognosis was that he would continue to experience impairing difficulties if he remained on active duty.

	e.  He was diagnosed with the following conditions:

* ADHD, by history, EPTS
* oppositional defiant disorder, by history, EPTS
* intermittent explosive disorder, by history, EPTS
* bipolar disorder, by history, EPTS

	f.  The EPSBD determined he did not meet the medical fitness standards for enlistment.  He did meet retention standards.  The EPSBD recommended his separation from military service under the provisions of paragraph 5-11 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).

3.  He acknowledged that he was informed of the findings of the EPSBD and advised that legal counsel from an Army attorney was available to him or he may consult a civilian attorney at his own expense.  He was further advised that he may request to be discharged from the Army without delay or he may request retention on active duty.  He concurred with the proceedings and requested to be discharged from the Army without delay.

4.  On 15 October 2010, he submitted a statement indicating he waived his right to seek legal counsel concerning his separation.  He stated he did not desire legal assistance.  He also stated he did not want to remain on active duty.

5.  On 26 October 2010, he was discharged by reason of his failure to meet procurement medical fitness standards.  He completed 2 months and 18 days of active service that was determined to be uncharacterized.

6.  He submitted a letter, dated 25 January 2011, from his doctor.

	a.  His initial visit was in September 2005 due to problems with ADHD and a mood disorder.

	b.  The applicant had quite a tumultuous childhood, which contributed to his problems, and was situational regarding some family matters.  These problems have since resolved and the applicant has been doing outstanding without any medication whatsoever for the past 5 years.

	c.  The doctor feels the applicant's previous issues have resolved.  He is on no medication and the doctor feels comfortable recommending him for the military.

7.  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 (Active and Reserve Components Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 (U.S. Army Reentry Eligibility Codes) shows that:

* RE-1 applies to persons completing their terms of service who are considered qualified to reenter the Army
* RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable

8.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training, will be separated.  Such conditions must be discovered during the first 
6 months of active duty and will result in an EPSBD proceeding.

DISCUSSION AND CONCLUSIONS:

1.  The EPSBD recommended he be separated from the service.  He concurred with the EPSBD proceedings and requested discharge from the Army without delay.  Therefore, his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

2.  At the time of his discharge he did not meet procurement standards for:

* ADHD, by history, EPTS
* oppositional defiant disorder, by history, EPTS
* intermittent explosive disorder, by history, EPTS
* bipolar disorder, by history, EPTS
3.  However, these conditions are waivable for enlistment.  Therefore, the assignment of the RE code of 3 at the time of his discharge was correct.

4.  Although his doctor has now determined the applicant's previous issues have resolved, this does not change the condition that existed a little over 2 months prior to his letter when the applicant was discharged.

5.  The applicant is advised that although his RE code 3 was properly assigned, this does not mean that he is totally disqualified from returning to military service. The disqualification upon which the RE code 3 was based may be waived for enlistment purposes.  If he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for his RE code.

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)                                         AR20110023860



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ABCMR Record of Proceedings (cont)                                         AR20110023860



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