IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100025659 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow him to reenter the military.

2.  The applicant states he was discharged due to having a mild panic attack during basic training.  He adds that he believes this was the result of his being a young immature 18-year old being away from home for an extended period of time for the first time in his life after making a rushed decision to join the military.  He further states that after living on his own and supporting himself for over a year he believes the military would be an excellent place for him to be.  He adds that he is physically and mentally able to accept and overcome the challenge of basic training.

3.  The applicant provides no additional evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 12 February 1990.  His military records show he enlisted in the Regular Army on 11 September 2008.  He did not complete initial entry training.

2.  His discharge packet shows he was counseled on more than one occasion for failure to obey an order or regulation, refusal to train, missing training, lack of motivation, lack of discipline, failure to uphold the warrior ethos, and failure to uphold the Army core values.
3.  A DA Form 4856 (General Counseling Form), dated 2 October 2008, indicated he was being separated under the provisions of chapter 5, paragraph 5-17 of Army Regulation 635-200 (Personnel Separations) due to a diagnosis of an adjustment disorder and pervasive developmental disorder by a clinical psychologist.

4.  He was advised by consulting counsel of the basis for the contemplated action to separate him for conduct and/or performance that disqualified him for retention under Army Regulation 635-200, paragraph 5-17.

5.  His separation was approved and the DD Form 214 he was issued shows he was discharged from active duty on 22 October 2008 with an uncharacterized character of service after completing 1 month and 12 days of active service.  This form shows he was given a narrative reason for separation of "condition, not a disability," a separation program designator (SPD) code of JFV, and an RE code of 3.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 provides that a separation will be described as entry level with service "uncharacterized" if processing is initiated while a Soldier is in an entry-level status.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.

7.  Army Regulation 635-200, paragraph 5-17, other designated physical or mental conditions, states:

	a.  Specified commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and that potentially interfere with assignment to or performance of duty.

	b.  Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records.

8.  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 physical 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.

9.  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.  While the applicant requested a change of his RE code, it is necessary to consider whether the reason for his discharge should be changed since the RE code is based on the reason for discharge.

2.  He was counseled for failure to obey an order or regulation, refusal to train, missing training, lack of motivation, lack of discipline, failure to uphold the warrior ethos, and failure to uphold the Army core values.  He was sent for a mental evaluation.  The clinical psychologist found him to have an adjustment disorder and pervasive developmental disorder.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, for condition, not a disability.  As such, he was properly separated for this reason.

3.  There is no evidence in the available record and he provided no evidence that shows irregularity in the assignment of his RE code.  He was disqualified from reenlistment based on misconduct.  The disqualification is waivable under Army regulations.

4.  The SPD/RE cross-reference table shows the applicant was assigned an SPD code of JFV based on the reason for discharge.  As such, he was properly assigned an RE code of 3.

5.  His RE code was administratively correct and in conformance with applicable regulations at the time of his separation.

6.  While he admits his mistake and it is commendable that he wants to join the military, there is no basis for changing a properly-assigned RE code.

7.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process requests for RE code waivers.

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)                                         AR20100025659



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ABCMR Record of Proceedings (cont)                                         AR20100025659



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