IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100012570 


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 change of her reentry eligibility (RE) code to an RE code of 1 so she can reenter the Army.

2.  The applicant states:

* she has dealt with her medical condition
* she believes she is ready to go back into the Army
* she was told by a recruiter that she could not get a waiver

3.  The applicant provides a copy of:

* her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from her doctor, dated 5 March 2010
* a letter from the North Carolina Department of Administration, dated 22 March 2010, transmitting her application to this Board

CONSIDERATION OF EVIDENCE:

1.  On 4 October 2006, the applicant enlisted in the Regular Army for 3 years in pay grade E-3.  She completed training as a motor transport operator.

2.  On 26 October 2007, the applicant underwent an emergency mental status evaluation to rule out imminent danger to herself and to others.  The psychiatrist determined that the applicant:

* had the mental capacity to understand and to participate in board proceedings
* was mentally responsible
* met the retention requirements of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3
* needed further evaluation

3.  The applicant underwent a second mental status evaluation on 1 November 2007 and she was diagnosed with an adjustment disorder with depressed mood and a borderline personality disorder.  The psychiatrist found that the applicant met the psychiatric criteria for expeditious administrative separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5-13 or chapter 5-17.

4.  The applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 5-17, for other designated physical or mental conditions.  Her commander cited the 1 November 2007 diagnosis of adjustment disorder with depressed mood as the basis for his recommendation for her discharge.  She acknowledged receipt of the notification and, after consulting with counsel, she elected not to submit a statement in her own behalf.

5.  The appropriate authority approved the recommendation for discharge on 22 February 2008.  Accordingly, on 11 March 2008, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5-17, due to other designated physical or mental conditions, not a disability.  Her DD Form 214 shows she completed 1 year, 5 months, and 8 days of net active service during this period, and she was issued a separation program designator (SPD) code of JFV and an RE code 3.

6.  The applicant submits a letter from her doctor who contends she is no longer suffering from an adjustment disorder or from depression.  The doctor states that there is no evidence of a mental disorder preventing the applicant's return to the military.

7.  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 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 stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFV.   

8.  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 Regular Army (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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her RE code should be changed to an RE code 
of 1 so she can reenter the Army.  However, there is no error or injustice in her assigned RE code.

2.  She was discharged due to other designated physical or mental conditions, not a disability and she was assigned an SPD code of JFV based on her reason for discharge and the corresponding RE code of 3.

3.  Although the applicant desires to reenter the Army, it is insufficient justification for granting the relief requested.

4.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification.  Therefore, if she desires to enlist, she should remain in contact with local recruiting personnel who can best advise former service members as to the needs of the Army at the time and are required to process waivers of RE codes.

5.  In view of the foregoing there is no basis for granting the applicant's request.

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)                                         AR20100012570



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ABCMR Record of Proceedings (cont)                                         AR20100012570



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