IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016204 


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 eligibility (RE) code 3 be changed to an RE code 1.

2.  The applicant states he wants to join the U.S. Marine Corps.  He wanted to stay in the U.S. Army and he has tried to enlist, but he has been unable to because the Army does not allow a waiver.  He was having problems with his wife when he joined the service and they are now divorced.  He would like the opportunity to serve his country now that he does not have any outside distractions that would keep him from fulfilling his obligations.

3.  The applicant provides of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 6 August 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 July 2007 for a period of 4 years.  He was assigned to Fort Sill, OK, for basic combat training.

2.  On 25 August 2007, the Community Mental Health Services (CMHS) Satellite Clinic submitted recommendations concerning the applicant's mental health.  The examiner stated the applicant was not impulsive, unlikely to act out in a dangerous way, and was considered a low risk at that time; however, as his emotionality increased he would become more unstable and more likely to act out in impulsive ways.  The examiner stated the applicant had demonstrated an inability to meet military standards.  This Soldier cannot or will not adapt socially or emotionally to military life.  He has demonstrated character and behavior characteristics not compatible with satisfactory military service.  The examiner stated the applicant met the psychiatric criteria for administrative separation under the provisions of paragraph 5-17 (Other Designated Physical or Mental Conditions) of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations).

3.  The applicant's commander notified the applicant that he was initiating action to separate him under the provisions of paragraph 5-17 of Army Regulation 
635-200.  The commander stated the reason for the proposed separation action was the evaluation conducted by the CMHS that deemed him to be emotionally unfit for military service.  He stated the applicant would be a training distracter and continue to be a drain on his unit.

4.  The commander also advised the applicant of his right to:

* consult with legal counsel prior to completing his acknowledgement
* submit a statement in his own behalf
* obtain copies of documents that would be sent to the separation authority
* waive any of these rights
* withdraw any waiver at any time prior the separation authority approving his separation

5.  The applicant declined the opportunity to consult with counsel and he waived his rights.

6.  The applicant's commander recommended his separation under the provisions of paragraph 5-17 of Army Regulation 635-200.  The commander stated the applicant had been evaluated by CMHS and deemed emotionally unfit for military service.  The commander stated his separation was in his and the Army's best interest.  He recommended the requirement for rehabilitation be waived.

7.  On 2 August 2007, the appropriate authority approved the recommendation for discharge under the provisions of paragraph 5-17 of Army Regulation 
635-200.  The requirement for rehabilitative transfer was waived.

8.  On 6 August 2007, the applicant was discharged under the provisions of paragraph 5-17 of Army Regulation 635-200.  He completed 26 days of active service.  Item 26 (Separation Code) of the applicant's DD Form 214 contains the separation program designator (SPD) code JFV.

9.  Paragraph 5-17 of Army Regulation 635-200 provides commanders with the authority to approve separations under this paragraph on the basis of other physical or mental conditions not amounting to disability and excluding those personnel who did not meet procurement medical fitness standards and those diagnosed with a personality disorder.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

10.  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 that 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 "physical condition, not a disability."

11.  The SPD/RE Code Cross Reference Table, effective 15 June 2006, stipulates that an RE code 3 will be assigned to members separated with an SPD code JFV.

12.  Army Regulation 635-200 further 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, U.S. Army Reserve, and Army National Guard.

	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 his RE code 3 should be changed to an RE code 1 so he can reenter military service.

2.  The applicant's commander's recommendation for his discharge was supported by the recommendation from the CMHS.  The applicant was notified of the reason and the type of discharge for which he was being recommended.  He declined to consult with counsel and he waived his rights.  The type of discharge directed and the reason for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would tend to jeopardize his rights.

3.  The applicant's SPD code JFV is the correct code assigned based on the reason for his discharge.  According to the SPD/RE Code Cross-Reference Table, the appropriate RE code for SPD code JFV is 3.  Therefore, the applicant's assigned RE code 3 is correct.

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 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)                                         AR20100016204



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ABCMR Record of Proceedings (cont)                                         AR20100016204



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