BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100012091 


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 his reentry eligibility (RE) code of 3 for the purpose of enabling him to reenter military service.

2.  The applicant states he was not suicidal and he did not get an evaluation.  He was sent to the Community Mental Health Services (CMHS) for anger problems, not for a discharge for medical standards.  He did not want to go to CMHS or receive an Article 15.

3.  The applicant provides the following in support of his application:

* physician's statement, dated 22 April 2008
* DD Form 214 (Certificate of Release or Discharge from Active Duty) effective 14 February 2008
* DA Form 2697 (Report of Medical Assessment), dated 5 February 2008

CONSIDERATION OF EVIDENCE:

1.  His records show he enlisted in the Regular Army on 26 September 2007.  The highest rank/grade he attained while serving on active duty was private/E-1.

2.  On 28 January 2008, an Entrance Physical Standards Board determined the following:

	a.  he was medically unfit for appointment or enlistment in accordance with current medical fitness standards;

	b.  his condition existed prior to service;

	c.  he claimed he was mentally healthy at the time of enlistment, but now states he was diagnosed with a schizoaffective disorder and polysubstance dependence and treated between 2002 and 2007;

	d.  he discontinued his treatment without the advice of his physician;

	e.  he was not suicidal and did not require inpatient care;

	f.  his counseling sessions at CMHS had not resulted in resolution of the symptoms;

	g.  a unit evaluation indicated his performance was good or fair and his potential to succeed in the Army was fair;

	h.  his commander supported a recommendation for separation;

	i.  he wished to be discharged from the service;

	j.  he admitted to his past history of mental illness and treatment; and

	k.  he was recommended for separation from the military service under provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-11.

3.  On 5 February 2008, the discharge authority approved the recommendation for discharge and on 14 February 2008 he was discharged accordingly.  His DD Form 214 shows he completed 4 months and 19 days of active duty service.  His service was uncharacterized by reason of failure to meet procurement medical fitness standards while in an entry-level status with an RE code of 3.

4.  He provided a physician's statement, dated 22 April 2008, which states he is not currently exhibiting symptoms of mental illness and does not require any type of psychiatric treatment.  He also submitted a DA Form 2697  wherein he contends he was made to change his response to "Yes" in item 15 to show he had a condition which limited his ability to work in his primary military occupational specialty or required geographic or assignment limitations.

5.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an Entrance Physical Standards Board, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry-level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

6.  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 (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.  Table 3-1 includes a list of the Regular Army 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.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provided 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 the SPD code JFW is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards.

8.  The SPD/RE Code Cross Reference Table indicates that an RE code 3 is the proper code to assign members separated with an SPD code JFW at the time of the applicant's discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-3 should be upgraded because he was not suicidal and did not get an evaluation.

2.  He contends he was made to change his response to item 15 of his DA Form 2697 to indicate he had a condition which would limit his ability to work in his primary military occupational specialty or required geographic or assignment limitations.  There is insufficient evidence to support his contention.  Furthermore, the initials on the DA Form 2697 are illegible.

3.  He further contends he did not receive an evaluation.  However, proceedings from the Entrance Physical Standards Board found him unfit for appointment or enlistment in accordance with current medical standards and found his condition existed prior to service.  The proceedings show he admitted to a past history of mental illness and treatment prior to his enlistment.  He also indicated he wished to be discharged.

4.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards.  The records show he was found medically unqualified for service after reporting for training by reason of a disqualifying medical condition that existed prior to his service.  Because this condition was identified within the first 180 days of service, his discharge was appropriately characterized with an entry-level character of service (uncharacterized).

5.  The RE code was assigned based on his separation under the provisions of paragraph 5-11 of Army Regulation 635-200 because of failure to meet procurement medical fitness standards.  The appropriate separation code associated with this type of discharge is JFW and the corresponding RE code is 3.  Therefore, he received the appropriate RE code associated with his discharge.

6.  The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant's RE code.

7.  In view of the foregoing, his 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)                                         AR20100012091



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ABCMR Record of Proceedings (cont)                                         AR20100012091



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