RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 March 2007
DOCKET NUMBER: AR20060010500
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Gerard W. Schwartz | |Acting Director |
| |Mr. Jose O. Arriaga | |Analyst |
The following members, a quorum, were present:
| |Mr. Thomas Ray | |Chairperson |
| |Mr. Jeffrey Redmann | |Member |
| |Mr. James Hastie | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Reentry (RE) code be changed from RE-3
to RE-1 or RE-2.
2. The applicant states that his service was categorized as honorable and
the issues surrounding his discharge have been rectified.
3. The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. The applicant enlisted in the Regular Army on 23 April 2002 and served
as Multichannel Transmission System Operator/Maintainer. He was honorably
discharged from active duty on 10 August 2005 under the provisions of Army
Regulation 635-200, paragraph 5-17 based on Physical Condition, Not a
Disability (specifically, chronic adjustment disorder with depressed mood).
He completed 3 years, 3 months, and 18 days of active military service.
3. His DD Form 214 shows he was issued a RE code of RE-3 and a Separation
Program Designator (SPD) code of "JFV" (Physical Condition, Not a
Disability).
4. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities
(regulatory, statutory, or other directives), the reasons for the
separation of members from active military service, and the SPD codes to be
used for these stated reasons. The regulation shows that the SPD code
“JFV” as shown on the applicant’s DD Form 214 specified the narrative
reason for separation as involuntary release or transfer for “Physical
Condition, Not a Disability” and that the authority for separation under
this separation program designator was “AR 635-200, Paragraph 5-17."
Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3
as the proper reentry code to assign to Soldiers separated for this reason.
5. Pertinent 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
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army and the US Army Reserve. Chapter 3 of
that regulation prescribes basic eligibility for prior service applicants
for enlistment. That chapter includes a list of armed forces RE codes,
including Regular Army RE codes.
6. RE–3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.
7. Recruiting personnel have the responsibility for initially determining
whether an individual meets current enlistment criteria. They are required
to process a request for waiver under the provisions of chapter 4, Army
Regulation 601-210.
DISCUSSION AND CONCLUSIONS:
1. The applicant was separated from active duty on 10 August 2005 under
the provisions of Army Regulation 635-200, paragraph 5-17 for Physical
Condition, Not a Disability.
2. The applicant's DD Form 214 shows he was separated with a separation
code of "JFV" and was assigned an RE code of RE-3 in accordance with the
governing regulation.
3. There is no evidence of record which shows the reentry code issued to
him was in error or unjust. However, the applicant's disqualification for
reentry is waivable under Army enlistment criteria. If he still desires to
reenter the Army, he can contact his local recruiter to determine if he is
eligible for applying for a waiver under current enlistment criteria.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___TR___ ___JR__ ___JH ___ 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
INDEX
|CASE ID |AR20060010500 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20070301 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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