IN THE CASE OF:	  

		BOARD DATE:	  21 August 2008

		DOCKET NUMBER:  AR20080009746 


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, a change to his reentry (RE) code.  

2.  The applicant states, in effect, that he unjustly received an RE-4 code from the Army.  He claims to have left the Army because he found out, while he was in basic training, that the job he asked for was not the job he was going to get, so he refused to sign anything.  He claims that he would like the opportunity to once again serve in the United States Navy (USN).

3.  The applicant provides separation documents (DD Forms 214) from the Army and USN in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that after having completed 5 years of active duty service in the USN from 13 April 2000 through 12 April 2005, the applicant enlisted in the Regular Army and entered active duty in that status on 
13 November 2007.  

2.  The applicant's Official Military Personnel File (OMPF) contains a Statement of Understanding (DA Form 3286), which is identified as Annex A to his enlistment contract.  This form shows he enlisted for the United States Army Training Enlistment Program (Uncommitted) and was scheduled for training in military occupational specialty (MOS) 13F (Field Artillery-Fire Support Specialist). The applicant and his recruiting guidance counselor authenticated this document with their signatures on 6 November 2007.
3.  The applicant's Enlisted Records Brief (ERB) shows he was assigned to Fort Sill, Oklahoma, to attend basic and advanced individual training in the Field Artillery.  

4.  On 16 November 2007, the applicant underwent a mental status evaluation at the Fort Sill Community Mental Health Services (CMHS) and was diagnosed with a Delusional Disorder and Schizotypal Personality Disorder.  The evaluator indicated that the applicant did not present a psychopathology that warranted separation; however, since retention should be based on his ability to cope, adjust, and perform to a standard, it was clear he would never meet this standard.  It was further indicated that the nature of the applicant's illness precluded him from appropriately interacting with others, serving in a consistent fashion, or coping in stressful environments.  It was finally determined that the applicant was a candidate for separation under the provisions of Paragraph 5-17, Army Regulation 635-200 and he should not proceed to further advanced training.  

5.  On 16 November 2007, the unit commander notified the applicant that he was initiating action to separate him under the provisions of Paragraph 5-17, Army Regulation 635-200, based on other designated physical or mental conditions.  The unit commander cited the applicant's diagnosed Schizotypal Personality Disorder as the basis for taking the action.  The unit commander further indicated that he was recommending the applicant receive an Entry Level Separation (ELS).  The applicant was advised of his right to consult with legal counsel.  

6.  On 19 November 2007, a senior defense counsel from the Trial Defense Service, informed the applicant's commander that when the applicant was escorted to his office, his escorts indicated the applicant did not want to see him and when he did get the applicant in his office, the applicant refused to speak.  

7.  On 19 November 2007, the separation authority approved the applicant's discharge under the provisions of Paragraph 5-17, Army Regulation 635-200, and directed the applicant receive and ELS "Uncharacterized" discharge.  On 
21 November 2007, the applicant was discharged accordingly.  The DD Form 214 issued to the applicant at the time of his discharge shows that based on the authority and reason for his discharge, he was assigned a Separation Program Designator (SPD) code of JFV in Item 26 (Separation Code) and an RE code of 
3 in Item 27 (Reentry Code).  

8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the Army's enlisted separation policy.  Paragraph 5-17 provides the authority to separate members for other designated physical or mental conditions if they suffer from disorders that impair their ability to effectively perform military duties may be separated under these provisions.  Members separated for this reason will receive uncharacterized description of service if in ELS.  

9.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (USAR).  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-4 applies to persons who have a non-waivable disqualification.  RE-3 applies to persons who have a waivable disqualification.  

10.  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 JFV is the appropriate code to assign to Soldiers separated under the provisions of Paragraph 5-17, by reason of condition not a disability.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFV.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was unjustly assigned an RE-4 code was carefully considered.  However, there is insufficient evidence to support this claim.  The evidence of record and independent evidence provided by the applicant gives no indication that the MOS training commitment made to him during his enlistment processing was not being met, as evidenced by Annex A to his enlistment contract, which shows he received a commitment to be trained in a Field Artillery MOS, and his assignment to the Field Artillery School at Fort Sill for training.   

2.  By regulation, RE-3 is the proper code to assign to members who are assigned an SPD code of JFV and who are discharged under the provisions of Paragraph 5-17, Army Regulation 635-200, by reason of condition not a disability.  The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  

3.  Further, the record contains a properly constituted DD Form 214 that shows the applicant was properly assigned a SPD code of JFV and an RE code of 3 based on the authority and reason for his separation in accordance with the governing regulation.  Therefore, absent evidence to the contrary, the RE-3 code assigned was and remains valid.  As a result, there is an insufficient evidentiary basis to support a change to the RE code at this time.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  The applicant incorrectly indicates he received an RE-4 code, when in fact he was assigned an RE-3 code at the time of his discharge, as is indicated on his DD Form 214.  RE-4 applies to persons who have a non-waivable disqualification, while RE-3 applies to persons who have a waivable disqualification.  Therefore, although the Board is recommending no change to his RE code, if he desires to enlist in the USN, he should contact a local USN recruiter to determine his eligibility.  Those individuals can best advise him on the needs of the USN and on RE code waiver processing procedures for that military service.   

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)                                         AR20080009746



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ABCMR Record of Proceedings (cont)                                         AR20080009746


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