BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006498
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, in effect, that his REENTRY (RE) Code be change to a 1.
2. The applicant states, in effect, that he was unjustly discharged for a mental illness and he has no mental illness and desires to reenlist.
3. The applicant provides copies of his Department of Veteran Affairs (VA) medical exams.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 October 2008 for a period 3 years and 18 weeks, training as an infantryman and a $15,000.00 enlistment bonus. He was transferred to Fort Benning, GA to undergo his one-station unit training (OSUT).
2. On 31 October 2008 the applicant underwent a mental status evaluation by a psychiatrist and was diagnosed as having an Axis I Adjustment Disorder. He indicated that the applicant was referred by his unit because of self-harm and because he had been seen at Sand Hill Mental Health on multiple occasions since his arrival. He further indicated that the applicant wanted a separation from the service and agreed to participate in therapy at Sand Hill while his separation was being processed. The psychiatrist recommended that the applicant be
separated under the provisions of Army Regulation 635-200, paragraph 5-17 and that he be restricted from access to weapons and ammunition.
3. On 13 November 2008 the applicants commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Active duty Enlisted Administrative Separations), paragraph 5-17, due to other designated physical and mental conditions based on his making suicidal statements and the diagnosis and recommendations of mental health professionals.
4. The applicant declined the opportunity to consult with counsel and elected not to submit a statement in his own behalf.
5. On 21 November 2008 the appropriate authority approved the recommendation for discharge and directed that his service be uncharacterized.
6. Accordingly, he was discharged on 4 December 2008 under the provisions of Army Regulation 635-200, paragraph 5-17 for a condition, not a disability. He had served 1 month and 28 days of active service and was issued a RE Code of 3.
7. 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 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 RA and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
8. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office. Waivers are granted based on the needs of the service at the time of application. Inasmuch as needs change over time, individuals are encouraged to contact their nearest recruiting office periodically to determine the needs of the service at the time. The applicable regulations direct that an RE code of 3 be issued for a separation code of JFV, which indicates separation under Army Regulation 635-200, paragraph 5-17.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was discharged under the provisions of Army Regulation
635-200, chapter 5 and properly assigned an RE code of 3 based upon his narrative reason for discharge in accordance with the applicable regulations.
3. The applicants contentions have been noted. However, there are procedures whereby the applicant can apply for a waiver of his RE code if he is in fact physically qualified and the needs of the service justify his return. However, it is understood that waivers are granted based on the needs of the service. Therefore, he should contact his local recruiter.
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.
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