IN THE CASE OF:	  

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110009458 


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 change of his reentry code (RE) to RE-1.

2.  The applicant states the recruiters have given him the impression that dealing with his RE-3 is not worth the effort.  He wants it changed so that he can reenlist.  More than one doctor has told him that he did not have a mental condition, that it was a situational reaction.

3.  The applicant provides copies of a DD Form 293 (Application for Review of Discharge) and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 July 2008.  He completed training as an infantryman, was advanced to pay grade E-3, and assigned to a unit at Fort Drum, New York.

2.  The applicant's 17 through 21 July 2009 hospitalization for a suicidal gesture resulted in a command-directed mental health evaluation.  His behavior was normal and he was fully alert and oriented.  Despite an anxious mood, his thinking processes were clear, thought content was normal, and memory good.  The examiner’s impression was that the applicant had the mental capacity to understand and participate in discharge processing.  He was mentally responsible and met retention standards, but needed further examination.
3.  The examiner, a doctor of psychology, provided a diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood.

4.  The examiner noted that since the hospitalization the applicant had received three psychotherapy sessions and had been seen twice for medication management, all without apparent beneficial effect.  The doctor had the impression that the applicant lacked motivation for further service, would not benefit from further treatment, and was likely to escalate his behaviors.   Expeditious discharge under the provisions of Army Regulation 635-200, paragraph 5-17 was recommended.  The Chief of the Mental Health Department concurred in the diagnoses and recommendation.

5.  The company commander recommended discharge.  The applicant acknowledged the notification and his right to consult with counsel.  He declined to consult with counsel and to submit statements on his own behalf.  He also acknowledged that he would be ineligible to apply for enlistment into the Army for a period of 2 years after discharge.

6.  The intermediate commanders recommended separation and the separation authority approved the recommendation and directed an honorable discharge.

7.  On 6 November 2009, the applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-17.  He was assigned a separation
program designator (SPD) code of JFV and an RE-3.

8.  Army Regulation 635-200, chapter 5, sets forth the basic authority for separation of enlisted personnel for separation for Convenience of the Government.  Paragraph 5-17 pertains to separations for other designated physical or mental conditions not amounting to disability under Army Regulation 635-40 that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to chronic airsickness or seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, and other 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.

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.  It states the SPD code of JFV is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635–200, paragraph 5–17 for a condition, not a disability.  The SPD/RE Code Cross Reference Table establishes an RE-3 as the proper code to assign to members separated with an SPD code of JFV.
10.  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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US 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.  An RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the recruiters have given him the impression that dealing with his RE-3 is not worth the effort.  

2.  The applicant was separated and assigned a reentry code in accordance with regulations then in effect.

3.  He acknowledged that he could not reenlist for 2 years.  However, 2 years has not yet elapsed.

4.  Although there appears to be no basis for removal or waiver of the disqualification upon which the RE code is based, the code, itself is waivable.  In any case, in the absence of compelling evidence to the contrary the Board is reluctant to substitute it’s judgment for that of recruiters in determining who is eligible for enlistment.

5.  In view of the circumstances in this case, the assigned RE code was and still is appropriate.

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)                                         AR20110009458





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ABCMR Record of Proceedings (cont)                                         AR20110009458



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