IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100017095 


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 that his reenlistment eligibility (RE) code be upgraded.

2.  The applicant states if a different mental health professional had evaluated him a different finding would have been made.  He had an unblemished record and needs to have the RE code changed to allow him to enlist in the Reserve.

3.  The applicant provides copies of a five-page personal statement, his 7 May 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty), and five pages from his service record.

CONSIDERATION OF EVIDENCE:

1.  The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

2.  The applicant initially enlisted in the U.S. Marine Corps (USMC) on 7 July 1993 and received an uncharacterized entry level separation for entry level performance and conduct.  He was given an RE-3F at that time.

3.  He enlisted in the Army National Guard and was on active duty for training from 9 September 1999 through 16 February 2000.  He had a second period of active duty service from 12 September 2001 through 11 July 2002.


4.  The applicant enlisted in the Regular Army on 6 August 2009.

5.  On 1 January 2010, the applicant's first sergeant (1SG) was informed that the applicant had expressed suicidal thoughts because of issues with his fiancée in Missouri.  The 1SG met the applicant at the company orderly room where they talked about his situation.  The applicant alleged he took a handful of the prescription medication Flexeril earlier in the afternoon, though he did not appear intoxicated.  During the discussion, the applicant verbally confirmed he would kill himself.  The 1SG contacted the on-call Chaplain and escorted the applicant to Mental Health for screening. 

6.  A 4 January 2010 Standard Form 513 (Medical Record - Consultation Sheet) shows that the applicant's  2 January 2010 urine drug screen was positive for barbiturates, tricyclic antidepressants, amphetamines, PCP, and marijuana (THC).  A provisional diagnosis of an adjustment disorder, prescription medication (Flexeril) abuse; and PCP, THC, and barbiturate abuse was made.

7.  On 6 January 2010, the applicant was notified that he was under investigation for wrongful use and possession of controlled substances.  A suspension of all favorable personnel actions (FLAG) was initiated at this time.

8.  An 8 January 2010 DA Form 3822-R (Report of Mental Status Evaluation) states:

"This service member (SM) was evaluated on 8 Jan 2010 lAW regulations pertaining to separation under CH 5-17, Other Designated Physical or Mental Condition, DSM-IV-TR diagnoses include the following:

* Axis I: Adjustment Disorder with Mixed Disorder of Emotions and Conduct, and Polysubstance Dependence 
* Axis II: Diagnosis deferred (799.9)

Results of this evaluation are based on soldier’s self-report, clinical assessment, and information provided by soldier’s chain of command.

This condition and the problems presented by this individual are not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification to another type of duty within the military.  It is unlikely that efforts to rehabilitate or develop this individual into a satisfactory member of the military will be successful.

Member has no potential to meet mobilization requirements, clearly has no potential for useful service under conditions of full mobilization, and discharge from the Army lAW Paragraph 5-17, AR 635-200, would be in the best interest of both the individual and the Army.

PCL-M and mTBI screening tools were administered.  SM does not meet criteria for TBI or PTSD after screening.  No contra-indication to administrative action as deemed appropriate by command.

Results of the evaluation show that this SM is responsible for his behavior, has the ability to distinguish right from wrong, and possesses sufficient mental capacity to participate in administrative proceedings."

9.  On 4 March 2010, the applicant's command notified him that separation proceedings had been initiated to separate him for Other Designated Physical or Mental Conditions, based on diagnoses of an Adjustment Disorder with Mixed Disorder of Emotions and Conduct and polysubstance abuse.  His unit commander recommended the applicant receive a general discharge.

10.  On 14 April 2010, after consulting with counsel, the applicant acknowledged the proposed separation.  He waived his rights to an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than honorable.

11.  On 19 April 2010, the separation authority approved the applicant's discharge under Army Regulation 635-200, paragraph 5-17, Other Physical or Mental Condition.  He waived further rehabilitative requirements and, in accordance with his conditional waiver, directed the applicant be separated with an Honorable Discharge.

12.  The applicant was honorably discharged on 7 May 2010.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17 for a condition, not a disability.  He was given a separation code of "JFV" and an RE code of "3."

13.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities, 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 for a physical or mental condition, not a disability, 

interfering with performance of duty.  The SPD/RE Code Cross Reference Table included in the regulation establishes RE-3 as the proper code to assign to members separated with SPD code JFV.

14.  Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time.  Individuals with an RE code of "3" can normally reenlist but require a waiver to be processed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states if a different mental health professional had evaluated him a different finding would have been made.  He had an unblemished record and needs to have the RE code changed to allow him to enlist in the Reserve.

2.  The applicant has presented no evidence that his mental status evaluation could or should have been interpreted any differently than as described on the Mental Health examination report.

3.  The applicant not only made a suicide gesture by overdosing on prescription drugs he was also shown to have had multiple illegal drugs in his system.  

4.  The applicant has not provided and record contains no indication that the 
RE-3 is in error.  There is no evidence to justify granting 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)                                         AR20100017095





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ABCMR Record of Proceedings (cont)                                         AR20100017095



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