IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013400
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 reenlistment eligibility (RE) code of 3 be changed so that he may reenter the Army without a waiver. He also requests that his Army Achievement Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that there is no error. He humbly requests his RE code be changed so that he can reenlist without having to obtain a waiver.
3. The applicant provides, in support of his application, a copy of his award certificate for the Army Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 26 May 2005, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 13F (Fire Support Specialist).
3. The applicant's certificate showing award of the Army Achievement Medal indicates that the 4th Battalion, 31st Infantry Regiment, 10th Mountain Division, awarded him this medal on Permanent Orders 044-001, dated 13 February 2006.
4. On 7 November 2006, the applicant was honorably discharged from active duty under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-17, due to a physical or mental condition that was not a disability. He had attained the rank of private first class, pay grade E-3, and had completed 1 year, 5 months and 12 days of creditable active duty service. Accordingly, he was assigned a Separation Program Designator (SPD) Code of JFV and an RE Code of 3.
5. Item 13 (Awards, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal and the Army Service Ribbon. It does not show award of the Army Achievement Medal.
6. Army Regulation 635-200 (Personnel Separations), chapter 5, sets forth the basic authority for the separation of enlisted personnel for the convenience of the government. Paragraph 5-17 of this regulation provides for the separation of Soldiers due to other designated physical or mental conditions. Such conditions include, but are not limited to chronic airsickness, chronic seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, or other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldiers ability to effectively perform military duties is significantly impaired. A discharge under honorable or under honorable conditions is normally considered appropriate.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD Codes to be entered on the DD Form 214. The SPD Code of JFV was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, paragraph 5-17, for a condition that is not a disability. Additionally, the SPD/RE Code Cross Reference Table establishes the RE Code of 3 as the proper RE Code to assign to Soldiers for this reason.
9. The SPD/RE Codes Cross-Reference Table provides instruction for determining the RE Code for Active Duty and Reserve Component Soldiers. It provides that the SPD Code JFV requires a corresponding RE Code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appropriately assigned an RE code of 3 in accordance with governing regulations. There is no apparent foundation for removal or waiver of the applicants disqualification that established the basis for his assigned RE code. The applicants desire to continue in the service to his country is noted; however, there are no provisions authorizing the change of an RE code for this purpose.
2. The applicant should work with local recruiters on ascertaining his eligibility for continued military service and the processing of a waiver if he is eligible.
3. The available evidence clearly shows the applicant was awarded the Army Achievement Medal. Therefore, this award should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Achievement Medal to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his RE code of 3.
_______ _ __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) AR20090013400
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013400
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140013884
The applicant provides: * two DD Forms 214 * Enlisted Record Brief (ERB) * DD Form 256A (Honorable Discharge Certificate) CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. Rather, the evidence of record, in the form of an evaluation by a behavioral health specialist, clearly suggests his discharge action was...
ARMY | BCMR | CY2013 | 20130004020
The SPD code "JFV" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "physical condition, not a disability." Therefore, the applicant's assigned RE code of 3 is also correct. These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicants RE code.
ARMY | DRB | CY2013 | AR20130003764
Army Regulation 635-5-1 (Separation Program Designator (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. However, Army Regulation 635-5-1 (Separation Program Designator (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. Furthermore, Soldiers...
ARMY | BCMR | CY2014 | 20140006323
Army Regulation 635-200 states 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. As such, there is no evidence of an error in assignment of his reason for separation or RE code. ___________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.
ARMY | DRB | CY2013 | AR20130012786
Army Regulation 635-5-1 (Separation Program Designator (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. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with an adjustment disorder with depressed mood. However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific...
ARMY | BCMR | CY2010 | 20100016204
The commander stated the applicant had been evaluated by CMHS and deemed emotionally unfit for military service. It states that SPD code JFV is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "physical condition, not a disability." Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for...
ARMY | BCMR | CY2010 | 20100016652
The applicant states he does not or has ever had the mental medical condition which was documented on his discharge form. He recommended the applicant be separated from the service under the provisions of paragraph 5-17 of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations). The examiner stated the applicant was seen at the practice on 23 and 26 October 2009 for an evaluation to determine if the adjustment disorder with mixed disturbance of...
ARMY | BCMR | CY2010 | 20100000656
The applicant states he was honorably discharged with a reentry code of 3 for no reason. Army Regulation 635-200 states 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. The "JFV" SPD code is the correct code for Soldiers separating under chapter 5-17 of Army Regulation 635-200.
ARMY | BCMR | CY2010 | 20100025659
The applicant provides no additional evidence in support of his application. While the applicant requested a change of his RE code, it is necessary to consider whether the reason for his discharge should be changed since the RE code is based on the reason for discharge. Those individuals can best advise a former service member as to the needs of the service at the time and may process requests for RE code waivers.
ARMY | DRB | CY2013 | AR20130016060
The evidence contained in the applicants record indicates that on 15 May 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition, not a disability, specifically for having been diagnosed by competent medical authority with a psychiatric criteria for administrative separation in accordance with Chapter 5-17, AR 635-200. The applicant was...