IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100000656 


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 correction of his reentry eligibility (RE) code from RE-3 to a more favorable RE code.

2.  The applicant states he was honorably discharged with a reentry code of 3 for no reason.  He had no issues while he was in the service so he should be able to come back into the service should he choose to do so.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), member copies 1 and 4.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 November 2005.  He was trained in and awarded military occupational specialty (MOS) 88M (Motor Transport Operator).

2.  On 18 October 2008, his immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 5-17 of Army Regulation 635-200 (Personnel Separations) by reason of other physical and/or mental medical conditions not compatible with military service.

3.  On 20 October 2008, he acknowledged receipt of the separation memorandum, consulted with legal counsel, and was advised of the basis for the contemplated separation action and its effect; of the rights available to him and the effect of any action taken by him in waiving his rights; and the type of discharge and its effect on further enlistment or reenlistment.  The applicant understood that he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and that he could be ineligible for many or all benefits as a veteran under Federal and State laws.

4.  On 20 October 2008, his immediate commander initiated separation action against the applicant in accordance with paragraph 5-17 of Army Regulation 635-200 for other designated physical and/or mental conditions.

5.  On 30 October 2008, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-17 of Army Regulation 635-200 and directed he receive an honorable discharge.

6.  On 12 November 2008, he was discharged.  The DD Form 214 he was issued shows he was discharged for a condition-not a disability with an honorable character of service.  This form further confirms he completed 2 years, 
11 months, and 26 days of creditable active military service.  Item 26 (Separation Code) of this form shows the entry "JFV" and item 27 (Reentry Code) shows entry "RE-3."

7.  Army Regulation 635-200, Chapter 5, paragraph 5-17 states 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.  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 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 Regular Army (RA) and the U.S. Army Reserve.  Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes).  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 (Separation Program Designator Codes) states that the Separation Program Designator (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 chapter 5-17 of Army Regulation 635-200.

10.  The Separation Program Designator Code (SPD)/Reentry (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 his code of RE-3 should be upgraded to a favorable code that would allow him to reenter the Army if he desired to do so.

2.  The evidence of record confirms the applicant’s RE code was assigned based on the fact that he was separated under the provisions of chapter 5-17 of Army Regulation 635-200 due to a medical condition-not a disability.  The appropriate RE code associated with this discharge is an 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 applicant is advised that if he desires to reenter the Army, he should contact a local recruiter who can best advise him on the waiver process and any additional eligibility requirements he may need to meet in order to return to military service.

4.  Based on the evidence above, the applicant's request should be denied.

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)                                         AR20100000656



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ABCMR Record of Proceedings (cont)                                         AR20100000656



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