IN THE CASE OF:	  

		BOARD DATE:	    23 August 2011

		DOCKET NUMBER:  AR20110001799 


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 reentry (RE) code be changed from an 
RE code of 3 to a 2 or 1.   

2.  He states he should have been allowed to reenter the military.  

3.  He did not provide any additional documentation.  

CONSIDERATION OF EVIDENCE:

1.  After having prior service in the U.S. Army Reserve (USAR), he enlisted in the Regular Army on 31 May 2007.  He served in military occupational specialty 44C (Financial Management Technician).

2.  The applicant underwent a mental evaluation on 23 January 2009.  He was diagnosed with an adjustment disorder with disturbance of emotions and conduct.  He was considered to be a moderate risk to do harm to others or to himself.  He was also considered at risk to go absent without leave (AWOL).  The attending medical officer also noted the applicant had the mental capacity to understand and participate in board proceedings.  

3.  On 19 February 2009, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for other designated physical or mental conditions.  The commander cited as the basis for his recommendation the applicant's “adjustment disorder with disturbance of emotions and conduct."  He also noted that the applicant had gone AWOL twice, had been apprehended for driving with a suspended license, had made a false statement, and failed to go to his place of duty at the time prescribed on several occasions.  The commander recommended the issuance of a general discharge.  

4.  On 19 February 2009, he acknowledged receipt of the separation action and noted that he had been advised of his right to consult with counsel.  The applicant waived his right to consult with counsel and to submit statements on his own behalf.   

5.  On the same day, the commander submitted his recommendation for the applicant's discharge to the appropriate authorities and his discharge was approved on 20 February 2009. 

6.  Accordingly, on 6 March 2009, he was issued a general discharge, under the provisions of Army Regulation 635-200, paragraph 5-17, for a physical condition, not a disability.  He had a total of 1 year, 4 months, and 27 days of net active service; 4 months and 19 days of prior active service; and 1 year, 1 month, and 
24 days of prior inactive service.  His DD Form 214 (Certificate of Release or Discharge from active Duty) shows he was issued a separation program designator (SPD) of "JFV" and an RE code of "3."

7.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-17 pertains to other designated physical or mental conditions.  It states that commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability.  Such conditions may include, but are not limited to disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.

8.  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 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

	a.  RE code 1 applies to persons who are considered fully qualified for reentry or continuous service at the time of separation.

	b.  RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.

	c.  RE code 2 was discontinued in 1995.

9.  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.  The SPD code of "JFV," as shown on the applicant’s DD Form 214, with an effective date of 6 March 2009, specifies the narrative reason for discharge is "Physical Condition, Not a Disability" and the authority for discharge is "Army Regulation 635-200, paragraph 5-17."

10.  The SPD/RE Code Cross Reference Table, dated 31 March 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  An SPD/RE code of "JFV" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  His request to change his RE code from a 3 to a 1 or 2 was carefully considered.  

2.  The evidence shows the applicant received numerous counseling statements for his actions, which included going AWOL, apprehension, making a false statement, and failing to go to his prescribed place of duty.   

3.  He underwent a mental evaluation and was diagnosed with an adjustment disorder with disturbance of emotions and conduct, and as a result he was recommended for discharge pursuant to Army Regulation 635-200, paragraph 
5-17.   

4.  The evidence shows the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, due to a physical condition, not a disability.  He was assigned an RE code of "3" and issued a general discharge. 

5.  The applicant has failed to show through the evidence that he submitted and the evidence that is in his available record that his assigned RE code is in error or unjust.  

6.  As a matter of information, however, the applicant is advised that although his assigned RE code of 3 and his SPD code are properly assigned; this does not mean he is totally disqualified from returning to military service.  The disqualification upon which the RE code was based may be waived for enlistment purposes.  If he desires to enlist, 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 must process enlistment waivers for his RE code.  There is, however, no guarantee that his request for such a waiver will be granted.

7.  In view of the foregoing, 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)                                         AR20110001799



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ABCMR Record of Proceedings (cont)                                         AR20110001799



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