IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000997 


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 a change to the reentry eligibility (RE) code he was assigned in conjunction with his 11 September 2007 separation from active duty or a medical disability rating.

2.  The applicant states he is 21 years of age and cannot rejoin the Army or get help for the personality disorder that he was diagnosed with prior to his discharge from active duty.  He contends that since he received an honorable discharge, he should be granted one of his requests.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he initially enlisted in the U.S. Army Reserve on 9 November 2006 for a period of 8 years under the Delayed Entry Program.  On 16 November 2006, and enlisted in the Regular Army for a period of 3 years.  He completed basic combat training and advanced individual training for military occupational specialty 11B (Infantryman).

2.  On 22 June 2007, the applicant underwent a mental status evaluation based on a command referral to rule out an urgent safety problem and was seen again on 26 June 2007.  Psychological testing was completed and the diagnosis was personality disorder, not otherwise specified.  The evaluator found the applicant had the mental capacity to understand and participate in proceedings and was mentally responsible.  She recommended that the applicant be expeditiously administratively separated from the service and prevented from access to weapons or ammunition.  She determined that his condition was not compatible with successful military service, rehabilitative transfer, or reclassification.  He demonstrated a maladaptive pattern of cognition and behavior, including frequent lying, making threatening remarks, and poor impulse control incompatible with successful military service.

3.  On 8 August 2007, the applicant was advised by counsel of the basis for contemplated action to separate him.  He waived his right to appear and have his case considered by an administrative board.  He also elected not to submit any statements on his own behalf and requested to consult with counsel at no expense to the government.

4.  On 11 September 2007, the applicant was separated under the provisions of paragraph 5-17, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), by reason of a physical condition (personality disorder), not a disability.  The DD Form 214 he was issued confirms he held the rank of private/E-1 (PV1) and had completed a total of 9 months and 26 days of active military service.  The DD Form 214 also shows that based on the authority and reason for his separation, he was assigned a separation program designator (SPD) code of JFV and an RE code of 3.

5.  Army Regulation 635-200 provides the Army's enlisted personnel separation policy.  Paragraph 5-17 provides for separating members 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.

6.  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 and processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces RE codes.  RE-3 applies to persons who are disqualified for continued Army service, but the disqualification is waivable.

7.  Army Regulation 635-5-1 (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 codes to be used for these stated reasons.  This regulation shows that the SPD code JFV as shown on the applicant's DD Form 214 specified the narrative reason for separation as involuntary release or transfer for "physical condition, not a disability" and that the authority for separation under this SPD was "Army Regulation 635-200, paragraph 5-17."  Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3 as the proper reentry code to assign to Soldiers separated for this reason.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

8.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his RE code to have a chance to reenter active duty or to be given a medical disability rating was carefully considered.  However, there is insufficient evidence to support granting the requested relief.

2.  By regulation, the proper SPD and RE codes to assign to members separated by reason of a physical condition, not a disability, under the provisions of paragraph 5-17, Army Regulation 635-200, are JFV and RE-3.  Therefore, the SPD and RE codes assigned to the applicant in conjunction with his separation from active duty were appropriate and remain valid.

3.  The applicant is advised that although no further change to his RE code is recommended, this does not mean he is being denied enlistment.  While RE-3 does apply to persons who are not considered fully qualified for reentry or continuous service, there are provisions for a waiver of the disqualification.  If he desires to enlist, he should contact a local recruiter to determine his eligibility.  Those individuals can best advise a former service member as to the needs of the Army at the time and are required to process RE code waivers.

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)                                         AR20100000997



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ABCMR Record of Proceedings (cont)                                         AR20100000997



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