IN THE CASE OF:
BOARD DATE: 08 June 2010
DOCKET NUMBER: AR20090021592
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 his reentry eligibility (RE) code be changed so he can reenter the military.
2. The applicant states:
* he is no longer on medication and is adjusting well
* a week before he left for boot camp he got married
* after arriving at boot camp all he could think about was his pregnant wife back home
* he did not realize how difficult it would be for him being separated from his new wife
* he was very young when he entered the military and really did not think it through before signing the papers
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* five letters from his psychiatrist
* letter of support from a Member of Congress
* Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 18 December 1988. He enlisted in the Regular Army on 17 September 2007.
2. On 18 October 2007, the applicant underwent a mental status evaluation and it was noted he had been diagnosed by a licensed psychologist prior to entering the military [as having] axis I bipolar II disorder. It was recommended he be expeditiously separation from the service.
3. On 18 October 2007, the applicant's unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for other designated physical or mental conditions. The commander cited that the applicant had been diagnosed by a licensed psychologist as having axis I bipolar II disorder prior to entering the military. He stated the applicant was having difficulty adjusting to the regimen of the military lifestyle due to his condition and continuation in the service may lead to him acting out behaviors such as suicide, being absent without leave, or other dangerous acts that may put him or his peers at risk for harm. The separation authority approved the recommendation for separation and directed that the applicant receive an entry-level uncharacterized discharge. On 21 November 2007, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability. His character of service was uncharacterized.
4. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Army Regulation 635-200, paragraph 5-17." Item 26 (Separation Code) of this DD Form 214 shows the entry "JFV." Item 28 (Narrative Reason for Separation) of this DD Form 214 shows the entry, "condition, not a disability."
5. The applicant provided five letters, dated 13 June 2006 to 26 August 2008, from his psychiatrist. These letters indicate the applicant was first treated on 10 April 2006 and was diagnosed with bipolar disorder and attention deficit disorder. He was last treated on 28 April 2008. In April 2008, additional information was presented which changed his diagnosis to an adjustment disorder with full remission, he did not need any further treatment, and he was not taking any prescription medications.
6. The applicant also provided a letter of support from a Member of Congress. The letter states it is the understanding of the Member of Congress that the applicant previously had attempted to enlist in the U.S. Army and had almost completed basic training when a family emergency forced him to get an entry-level separation. The letter also states it was a difficult decision for the applicant to separate from the military and now he wishes to rejoin the Armed Forces.
7. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 5 provides for separation for the convenience of the government. Paragraph 5-17 provides for discharge for other designated physical or mental conditions. Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (separation of personnel who did not meet procurement medical fitness standards) or 5-13 (separation because of personality disorder) that potentially interfere with assignment to or performance of duty. A Soldier separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. The regulation states the reason for separation based on SPD code "JFV" is "condition, not a disability" and the regulatory authority is Army Regulation 635-200, paragraph 5-17.
9. 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. 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.
10. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
11. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
12. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD of JFV will be given an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were noted. However, the RE code used in the applicant's case is correct and was applied in accordance with the applicable regulations. Therefore, there is no basis for granting the applicant's request.
2. The applicant's current RE code is a waivable code. Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.
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) AR20090021592
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