IN THE CASE OF:	  

		BOARD DATE:	        29 JULY 2008

		DOCKET NUMBER:  AR20080005888 


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, that his reentry (RE) code and narrative reason for separation be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his discharge on 
15 December 2006 [this particular DD Form 214 will simply be referred to as his DD Form 214 throughout the remainder of these proceedings.] 

2.  The applicant essentially states that he had a hard time in Iraq and, as a result, he was medically discharged for schizophrenia.  He also states that he would very much like to get back into the Army so he can better himself, and that he knows he can.

3.  The applicant provides his DD Form 214 in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 23 June 1994.  However, he was honorably released from active duty due to unsatisfactory performance on 27 January 1995 and transferred to the United States Army Reserve Control Group.  On 6 January 1999, he reenlisted in the Regular Army, and served for 3 years until he was honorably discharged on 
5 January 2002.  On 10 February 2005, the applicant again enlisted in the Regular Army.  He completed advanced individual training and was awarded military occupational specialty 88M (Motor Transport Operator).  

2.  Although the complete facts and circumstances, i.e., his medical board proceedings, are not present in his Official Military Personnel File (OMPF), a properly constituted DD Form 214 clearly shows that the applicant was honorably discharged on 15 December 2006 under the provisions of Army Regulation 
635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(4) (Separation for Physical Disability Without Severance Pay).  Item 28 (Narrative Reason for Separation) of his DD Form 214 has an entry of “Disability, Existed Prior to Service, PEB.”  His DD Form 214 also shows that he was assigned a Separation Program Designator (SPD) code of “JFM,” and an 
RE code of “3.”

3.  The applicant essentially stated that he had a hard time in Iraq and, as a result, he was medically discharged for schizophrenia.  He also stated that he would very much like to get back into the Army so he can better himself, and that he knows he can.

4.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army and the United States 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.  RE codes 1 and 2 permit immediate reenlistment if all other criteria are met.  An RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.  Paragraph 4-28 of this same regulation states, in pertinent part, that medical waivers may not be resubmitted unless the original condition has changed.  This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect. 

5.  Army Regulation 635-5-1 (Separation Program Designator 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. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD code.  

6.  An SPD code of "JFM" applies to persons who are discharged for a physical disability that existed prior to service.  The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals separated for physical disability which existed prior to service.  

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code and narrative reason for separation should be changed on his DD Form 214.

2.  Although the complete facts and circumstances surrounding his discharge on 15 December 2006 are not present in his OMPF, a properly constituted DD Form 214 clearly shows that the applicant was honorably discharged on 15 December 2006 under the provisions of Army Regulation 635-40, paragraph 4-24b(4) due to a disability which existed prior to service.  The applicant’s RE code is based on his narrative reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  His narrative reason for discharge was based on his disability which existed prior to service, and the Board could find no basis upon which to change this reason.  

3.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                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)                                         AR20080005888



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ABCMR Record of Proceedings (cont)                                         AR20080005888



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