IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090016478


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 change of her reentry (RE) code to RE-1A.

2.  The applicant states she was misdiagnosed in the military.  She is in perfect health and desires an RE code change in order reenter the U.S. Army.

3.  The applicant provides:

	a.  a letter from the Ocean County (NJ) Veterans Service Bureau asking that they be notified of the adjudication of the applicant's case;

	b.  a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) showing she was discharged by reason of a "condition, not a disability" with a Separation Program Designator (SPD) code of "JFV" and an RE code of "3"; and

	c.  copies of a 26 October 2009 letter from a medical doctor, a prescription blank, and laboratory results.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 7 August 2008 for 3 years and 33 weeks.  She was assigned to Fort Huachuca, AZ for initial entry training in military occupational specialty (MOS) 35M (Human Intelligence Collector).


2.  The applicant exhibited breathing problems during her initial entry training.  She could not perform standard physical training or pass the Army Physical Fitness Test (APFT).  She was diagnosed with exertional dyspnea (shortness of breath on exercising) and anemia.

3.  The applicant underwent a fitness for duty evaluation.  On 31 March 2009, her evaluation concluded she had failed to follow medical instructions - did not take her medications - and was deemed a malingerer.  She did not improve and it was unlikely she would be able to perform satisfactorily in training or at a permanent duty station.  It was recommended she be discharged for a "medical complaint that interferes with duty performance and has failed to improve."

4.  On 18 May 2009, the applicant acknowledged her commander's decision to discharge her under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 5, section III, paragraph 5-17, other designated physical or mental conditions.

5.  On an unknown date, the applicant's commander recommended the applicant's discharge under the provisions of Army Regulation 635-200,
chapter 5, section III, paragraph 5-17.  The applicant's intermediate commander recommended approval.  On 21 May 2009, the approving authority approved the applicant's honorable discharge.

6.  The applicant was honorably discharged on 29 May 2009.  She was given an SPD code of "JFV" and an RE code of 3.

7.  Army Regulation 635-200, chapter 5, paragraph 5-17 states, in pertinent part, that commanders who are special court-martial-convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Members may be separated 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 awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.

8.  Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA Reenlistment Eligibility Codes (RE codes).  An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

9.  Army Regulation 635-5-1 (SPD Codes) states SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "JFV" SPD code is the correct code for Soldiers separating under Army Regulation 635-200, chapter 5-17.

10.  The SPD/RE Code Cross Reference Table, dated 31 March 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD/RE code and a corresponding SPD/RE code.  The SPD code of "JFV" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her RE code of 3 should be upgraded to a favorable code that would allow her to reenter the U.S. Army.

2.  The evidence of record confirms the applicant’s RE code was assigned based on the fact that she was separated under the provisions of Army Regulation 
635-200, paragraph 5-17, due to a medical condition, not a disability.  Absent this condition, there was no fundamental reason to process the applicant for discharge.  Therefore, the only valid narrative reason for separation permitted under this paragraph is "Condition, Not a Disability" and the appropriate RE code associated with this discharge is RE-3.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that if she desires to enlist, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.

4.  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 has failed to submit evidence that would satisfy this requirement.  Therefore, she is not entitled to relief.

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)                                         AR20090016478



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ABCMR Record of Proceedings (cont)                                         AR20090016478



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