BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100015081 


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 the reentry eligibility (RE) code of 3 as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he was discharged on a false and invalid diagnosis which he was reevaluated for and does not feel he was given enough time to fix his family crisis.

3.  The applicant provides three statements of support. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army (RA) for a period of 4 years on 22 March 2007 and held military occupational specialty 74D (Chemical Operations Specialist).  The highest rank/grade he attained during his military service was private first class/E-3.

2.  His records show he served in Afghanistan from 1 April 2009 to 13 February 2010.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 82nd Combat Aviation Brigade (CAB), based at Fort Bragg, NC.

3.  On 24 October 2009 in Afghanistan, he underwent a self-referred mental health evaluation at the Mental Health Clinic for situational depression.  It was noted he had been previously evaluated in September 2009 for the same issue.  The evaluation revealed he was alert, oriented, his mood was hopeless, he had continued marital issues, increasing stress, and he reported suicidal impulses.  He was diagnosed with adjustment disorder with mixed disturbance of emotions and conduct.  He was deemed to be at high risk of self harm if left in theater and was recommended for medical evaluation.

4.  He was medically evacuated and on 3 November 2009 he was assigned to the Rear Detachment, 2nd Battalion, 82nd CAB, Fort Bragg, NC.  After a period of follow-up, he was re-deployed to Afghanistan and rejoined his unit.

5.  On 12 January 2010 in Afghanistan, he underwent another mental health evaluation at the Mental Health Clinic.  He was again diagnosed with adjustment disorder with disturbance of emotions and conduct.  He was released without limitations and the doctor stated, "Strongly recommend chapter 5-17 [sic] for this Soldier for chronic adjustment disorder."

6.  On 19 January 2010, his immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other physical and/or mental medical conditions not compatible with military service.  Specifically, the immediate commander cited the applicant's diagnosis of adjustment disorder with mixed disturbance of emotions and conduct, deeming him unfit for continued military service.

7.  On 19 January 2010, he acknowledged receipt of the separation memorandum.  He consulted with legal counsel and he 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.  He elected not to submit a statement in his own behalf.

8.  On 23 January 2010, his chain of command recommended him for separation under Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions.  He was recommended for an honorable discharge.

9.  On 10 February 2010, the separation authority approved the proposed separation action against the applicant in accordance with Army Regulation 
635-200, paragraph 5-17, and directed that he receive an honorable character of service.

10.  On 15 April 2010, he was discharged accordingly.  The DD Form 214 he was issued shows he was discharged with an honorable character of service by reason of a condition, not a disability.  This form shows he completed 3 years and 24 days of creditable active military service.  Item 26 (Separation Code) of this form shows "JFV" and item 27 (Reentry Code) shows "3."

11.  The applicant provides a statement of support, dated 29 March 2010, from a licensed professional counselor in Fayetteville, NC, wherein he states, in effect, he performed an evaluation on the applicant and found he had been suffering from temporary extreme stress due to his deployment.

12.  Two other undated statements of support from noncommissioned officers in his unit, state, in effect, he is a good Soldier who should be given the opportunity to return to active duty.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 may be separated 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.

14.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that 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.  The SPD code JFV is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 5-17.

15.  By regulation, an RE code of 3 is the proper code to assign members who were separated under the provisions of Army Regulation 635-200, paragraph 
5-17, by reason of condition, not a disability, with an SPD code of JFV.

16.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, U.S. Army Reserve, and Army National Guard.  Chapter 3, table 3-1, lists Army RE codes.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code of 3 should be corrected on his DD Form 214.

2.  His record confirms he was separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other physical and/or mental medical conditions not compatible with military service after being diagnosed with an adjustment disorder by competent military medical authorities.  It further shows that based on this authority and reason for separation he was appropriately assigned an SPD code of JFV in accordance with the applicable regulation.  He was assigned a corresponding RE code of 3.  His assigned RE code was and remains valid.  Therefore, he is not entitled to the requested relief.

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)                                         AR20100015081



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100015081



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1