BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100007163 


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 (RE) code of RE-3 be changed to RE-2.

2.  The applicant states that he wants to reenter the Army.

3.  The applicant provides a copy of his DD Form 214.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army (RA) on
27 July 2006.


3.  While performing his initial entry training, the applicant underwent a mental status evaluation on 9 August 2006.  It showed the following:

* his behavior was passive
* his thought content was normal
* his level of alertness was dull
* he was full oriented
* his mood was depressed
* his thinking process was clear
* his memory was good

4.  The psychologist determined the applicant was mentally responsible, met retention requirements, and had the mental capacity to understand and participate in separation proceedings.  The psychologist further provided that:

   a.  the applicant’s mental status reflects depressed mood with suicidal ideation, no plan on intention;

   b.  he was tearful, anxious, and mildly paranoid;

   c.  he viewed the world as a fearful place and was hyper-vigilant for danger;

   d.  his symptoms were congruent with his reported history of being the victim of physical abuse;

   e.  the applicant met the criteria of a diagnosis of Post Traumatic Stress Disorder (PTSD); and

   f.  his condition was not amenable to short-term treatment while in training and recommended the applicant be administratively separated under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-17 for post traumatic stress disorder.

5.  On 8 September 2006, the unit commander notified the applicant that he was initiating action to discharge him based on the findings of his mental status evaluation.

6.  On 23 June 2006, the applicant acknowledged receipt of the separation notification and completed an election of rights.  In it, he acknowledged that before he completed the form he was afforded the opportunity to consult with counsel and he declined this opportunity.  He also waived his rights.

7.  On 14 September 2006, the separation authority approved the applicant’s separation under the provisions of Army Regulation 635-200, paragraph 5-17, and directed that the applicant receive an entry-level separation with a character of service as Uncharacterized.  On 20 September 2006, the applicant was discharged accordingly.

8.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon his separation confirms he was discharged in the rank/grade of private (PV1)/E-1 after completing a total of 1 month and 24 days of active military service.  Item 25 (Separation Authority) shows the authority for his separation as Army Regulation 635-200, paragraph 5-17; item 26 (Separation Code) shows the separation program designator (SPD) code of JFV; item 27 (Reentry Code) shows the entry “3”: and item 28 (Narrative Reason for Separation) shows the reason for his separation as "Condition, Not a Disability."

9.  Army Regulation 635-200 further 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 (Active and Reserve Components 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 RE codes:

	a.  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.

	b.  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. 

10.  Prior to 28 February 1995, RE-2 applied to Soldiers who were separated for the convenience of the Government in accordance with Army Regulation
635-200, chapters 5 and reenlistment was not contemplated.  They were fully qualified for enlistment/reenlistment if all other criteria were met.  However, on
28 February 1995 Army Regulation 635-200 was revised, effective 28 March 1995, affecting the discontinued use of RE-2.

11.  Army Regulation 635-5-1 (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.  It states, in pertinent part, that the SPD code of JFV is the appropriate code to assign to Soldiers separated 

under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a condition, not a disability.  The SPD/RE Code Cross Reference Table establishes RE-3 as the proper code to assign members separated for this reason with the SPD code of JFV.

12.  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.  Members separated under this provision of the regulation will be issued an uncharacterized description of service when separated while still in an entry level status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be changed so he can reenter the Army.

2.  By regulation, the proper SPD and RE codes to assign members separated by reason of physical/mental condition, not a disability, under the provisions of Army Regulation 635-200, paragraph 5-17, are JFV and RE-3.  Therefore, the SPD/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 change is being recommended to his RE code, this does not mean that he is permanently disqualified from reenlistment.  RE-3 is applicable to members who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  Therefore, if he desires to reenter the service, he should contact a local recruiter who is best qualified to determine his eligibility based on the needs of the Army, and who are required to process RE code waiver requests.

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)                                         AR20100007163



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)