IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140019210 


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 upgrade of his discharge to honorable and change of his reenlistment eligibility (RE) code.

2.  The applicant states he was discharged as medically unfit but this is untrue at this time.  The current record is a complete error, is unjust, and needs to be corrected.  He wants to reenlist and serve his country for a lifetime.  He discovered the error on 26 January 2014.  He does not have counsel but requests that a Judge Advocate General (JAG) officer be appointed to represent him.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

CONSIDERATION OF EVIDENCE:

1.  Army JAG officers are not assigned to represent applicants to this Board.  This issue will not be discussed further.

2.  Early in the enlistment process the applicant completed a DD Form 2807-2 (Medical Prescreen of Medical History Report) and a DD Form 2807 (Report of Medical History) in which he denied all medical problems and conditions except to indicate that he did smoke cigarettes and had used smokeless tobacco products.

3.  He enlisted in the Army National Guard (ARNG) of the United States and the National Guard of Pennsylvania and as a Reserve of the Army on 21 January 2011.  He entered initial active duty for training on 15 March 2011.

4.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) dated 5 April 2011 noted the applicant had "…an extensive history of…health issues" and listed numerous diagnoses.  The EPSBD determined he did not meet standards for enlistment, induction, or retention.

5.  A DA Form 4187 (Personnel Action), dated 20 April 2011, notes the applicant "has been admitted three times to a [behavioral mental health (BMH)] civilian facility before he enlisted."

6.  On 22 April 2011, the EPSBD was approved by the medical approval authority.  On 3 May 2011 the applicant concurred and requested immediate discharge from the Army.

7.  He was separated from active duty and from the ARNG with an uncharacterized separation, on 22 May 2011, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11.  He was assigned a separation code of RE-3.

8.  Army Regulation 635-200 states:

	a.  In paragraph 5-11, 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, active duty training, or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.

	b.  Paragraph 3–9 (Uncharacterized Separations) states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when – 
	

   (1) Characterization under other than honorable conditions is authorized
under the reason for separation and is warranted by the circumstances of the case. 
   
   (2) Headquarters, Department of the Army (AHRC–EPR–F), determines 
on a case-by-case basis that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority.
   
   (3) The Soldier has less than 181 days of continuous active military 
service, has  completed Initial Entry Training, has  been awarded an MOS, and has reported for duty at a follow-on unit of assignment (see paragraph 11–3c).

   c.  Paragraph 3-7a states an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

   d.  Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 includes a list of the RA RE codes.  A code of "1" applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  A code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  Those individuals are ineligible to enlist unless a waiver is granted.



DISCUSSION AND CONCLUSIONS:

1.  The applicant had a medical history that included condition(s) that undoubtedly would have precluded his enlistment if he had revealed them.

2.  The discharge proceedings were conducted in accordance with law and regulations.  The applicant was in an entry level status and, by regulation, his service was uncharacterized.  There is no evidence that he did anything so extraordinary as to warrant an honorable discharge.

3.  The RE-3 shows he is ineligible for enlistment/reenlistment without a waiver.  It was correctly entered on his separation document in accordance with governing regulations.

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

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)                                         AR20140019210





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ABCMR Record of Proceedings (cont)                                         AR20140019210



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