RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 June 2007
      DOCKET NUMBER:  AR20070000865


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, in effect, a change to the reentry (RE) code he
was assigned in conjunction with his 18 July 2005 separation from active
duty.

2.  The applicant states, in effect, he is a 100 percent healthy 20 year
old trying to get his RE-3 code changed to an RE-1 code so he can have a
chance of getting back in an active duty military status.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  On 25 May 2005, while serving as a member of the Army National Guard,
the applicant entered active duty for training.

2.  On 16 June 2005, the applicant underwent a mental status evaluation
based on a referral from the emergency room based on the physical symptoms
of blackouts and loss of contact with reality after medical issues were
ruled out.  The evaluator found the applicant had the metal capacity to
understand and participate in proceedings, was mentally responsible, met
medical retention standards.  She also diagnosed the applicant with an
adjustment disorder with mixed anxiety and depressed mood, and determined
he was not motivated to train and was not fit for duty based on a physical
condition that was not a disability.

3.  On 21 June 2005, the battalion commander recommended the applicant be
separated while in an Entry Level Status (ELS) under the provisions of
paragraph 5-17, Army Regulation 635-200, by reason of physical condition
(adjustment disorder with depression) not a disability.  The separation
document (DD Form 214) he was issued at the time confirms he held the rank
of private/E-1 (PV1), and had completed a total of 1 month and 24 days of
active military service during that period of service.  The DD Form 214
also shows that based on the authority and reason for his separation, he
was assigned a separation program designator (SPD) code of JFV and an RE
code of RE-3.

4.  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 (RA) 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 RA RE codes.  RE-3 applies to persons who are disqualified
for continued Army service, but the disqualification is waivable.

5.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code of JFV is the appropriate code to assign
to Soldiers who separated under the provisions of paragraph 5-17, Army
Regulation 635-200, by reason of physical condition, not a disability.  The
SPD/RE Code Cross Reference Table included in the regulation stipulates
that the RE code assignment will be RE-3 for members separated under these
regulatory provisions.

6.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) provides the Army's enlisted personnel separation policy.
Paragraph 5-17 provides for separating members for physical or mental
conditions not amounting to disability, which includes those members
suffering from a disorder manifesting disturbances of perception, thinking,
emotional control or behavior sufficiently severe that the Soldier's
ability to effectively perform military duties is significantly impaired.
Members separated under this provision of the regulation will be issued an
uncharacterized description of service when separated while still in an
ELS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to upgrade his RE code in order for him to have
a chance to reenter active duty was carefully considered.  However, there
is insufficient evidence to support granting the requested relief.

2.  By regulation, the proper SPD and RE codes to assign members separated
by reason of physical condition, not a disability, under the provisions of
paragraph 5-17, Army Regulation 635-200, is SPD JFV and RE code RE-3.
Therefore, the SPD and RE codes assigned the applicant in conjunction with
his separation from active were appropriate and remain valid.

3.  The applicant is advised that although no further change to his RE code
is recommended, this does not mean he is being denied reenlistment.  While
RE-3 does apply to persons who are not considered fully qualified for
reentry or continuous service; there are provisions that provide for a
waiver of the disqualification.  If he desires to reenlist, he should
contact a local recruiter to determine his eligibility.  Those individuals
can best advise a former service member as to the needs of the Army at the
time, and are required to process
RE code waivers.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEA  __  __JLP  __  __JBM __  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.




                                  _____James E. Anderholm ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000865                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/26                              |
|TYPE OF DISCHARGE       |Uncharacterized                         |
|DATE OF DISCHARGE       |2005/07/18                              |
|DISCHARGE AUTHORITY     |AR 635-200  Para 5-17                   |
|DISCHARGE REASON        |Physical Condition, not a Disability    |
|BOARD DECISION          | DENY                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  04   |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]