IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017646 


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 items 25 (separation authority), 26 (separation code), 27 (reentry [RE] code), and 28 (narrative reason for separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and also his DA Form 4707-E (Entrance Physical Standards Board (EPSBD) Proceedings to allow him to reenter the military.

2.  The applicant states he does not have a mental condition and is fully fit for military service.  He adds during basic training he had a significant personal issue that led to depression which in turn led to a misdiagnosis of his having a permanent psychiatric condition.

3.  The applicant provides:

* his DD Form 214
* a psychological evaluation report with addendum 
* his DA Form 4707-E
* information about the medication he was taking in a Missouri hospital
* Defense Language Institute Certificate of Training
* certificate of graduation with bachelor degree
* certificate of associate degree
* training and recognition certificates
* evidence of past and present jobs
* certificate of divorce
   

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 15 October 2007.  He did not complete initial entry training and was not awarded a military occupational specialty.  He entered the military in pay grade E-4.

2.  His records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain a DA Form 4707-E which shows he was diagnosed with Schizophrenia, paranoid type, as evidenced by delusion, hallucinations and affective flattening.  This form further stated this was causing social and occupational dysfunction, appeared to have been present more than 6 months and was not due to any substance or medical conditions.  The diagnosis further indicated the condition existed prior to service, and impairment for military, civilian, and industrial adaptability was severe.  He concurred with the proceedings and requested discharge from the U.S. Army without delay.

3.  His DD Form 214 shows he was discharged from active duty on 21 March 2008 with an uncharacterized character of service after completing 6 months and 7 days of active service.

4.  His DD Form 214 shows the separation authority was Army Regulation 
635-200, paragraph 5-11.  This form also shows:

* a separation code of "JFW"
* an RE code of "3"
* a narrative reason for separation of "failed medical/physical/ procurement standards"

5.  On 4 May 2009, the Army Discharge Review Board denied the applicant's request for a change in the character and reason for discharge.

6.  The applicant provided a copy of a psychological evaluation report with addendum showing the results of a psychological evaluation he requested to determine his present psychological and emotional functioning.  The evaluation was conducted in Puerto Rico in August 2009 and January 2010.  The report indicated the results suggested he did not need psychiatric attention.

7.  He also provided evidence of his college degrees and numerous training completion certificates all of which he received prior to his military service.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), Table 2-3, states the SPD code JFW denotes "Failed Medical/Physical/ Procurement Standards."
9.  The Army Human Resources Command publishes a cross-reference list of SPD and RE codes.  The cross-reference table in effect at the time showed that an SPD code of JFW was assigned an RE code of 3.

10.  Army Regulation 635-200, paragraph 5-11, states Soldiers who were 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 will be separated.  Such conditions must be discovered within 6 months of the Soldier's initial entrance on active duty.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier's initial entrance on active duty for the Regular Army that:

	a.  would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time; and

	b.  does not disqualify him or her for retention in the military service per Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

12.  Pertinent Army regulations provide 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 Components.  Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  Table 3-1 states that a code of RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.

13.  Army Regulation 601-210 provides that RE codes may be changed only if they are determined to be administratively incorrect.

14.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant requested correction of his separation authority, separation code, RE code, and narrative reason for separation on his DD Form 214, and the content of his DA Form 4707-E, it is necessary to consider whether the reason for his discharge should be changed since the corrections he is requesting are based on the reason for discharge.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 
5-11, for failure to meet procurement medical fitness standards.
  
2.  The applicant provided a psychological evaluation report conducted since his discharge from the military service that indicated he did not need psychiatric attention.  However, this post-service report does not invalidate the diagnosis made by competent medical personnel at the time of his EPSBD and subsequent discharge.  His mental condition may have changed since his discharge.  As such, he has not provided sufficient evidence to support correction of his DA Form 4707-E or separation authority.

3.  The applicant's narrative reason for separation, separation code, and RE code were administratively correct and in conformance with applicable regulations at the time of his separation.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  While his desire to enlist in the Army is commendable, there is no basis for changing a properly-assigned narrative reason for separation, separation code, RE code, or a properly completed DA Form 4707-E.

6.  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)                                         AR20100017646



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ABCMR Record of Proceedings (cont)                                         AR20100017646



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