IN THE CASE OF:	  

		BOARD DATE:	    29 November 2011

		DOCKET NUMBER:  AR20110010008 


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 her reentry eligibility (RE) code be changed from RE-3 to RE-1.

2.  She states she was discharged because she was upset due to both of her parents being ill.  She went to see a licensed professional counselor (LPC) and was cleared of all mental illnesses.

3.  The applicant provides:

* her DA Form 3822-R (Report of Mental Status Evaluation)
* her separation orders
* her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from an LPC

CONSIDERATION OF EVIDENCE:

1.  Her records show she enlisted in the Regular Army on 9 September 2008 and reported to Fort Jackson, SC, for basic combat training (BCT).

2.  After receiving several developmental counseling forms for lack of motivation during BCT, she was referred to mental health for an assessment.

3.  On 30 September 2008, a social worker recommended the applicant's separation from the service due to an adjustment disorder with anxiety and depressed mood.  The social worker noted that long-term treatment for the applicant's disorder would not be practical while attending BCT.

4.  On 14 October 2008, the applicant's commander recommended her separation under the provisions of Army Regulation 635-200 (Enlisted Active Duty Administrative Separations), paragraph 5-17, for other designated physical or mental conditions with an uncharacterized discharge.

5.  She acknowledged the notification by her commander that she was being recommended for separation based on the findings of the mental status evaluation.

6.  After consulting with legal counsel, the applicant acknowledged she understood the rights available to her, requested legal representation, and elected not to submit a statement in her own behalf.

7.  The appropriate separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions.

8.  Accordingly, she was discharged as a result of a condition, not a disability, on 22 October 2008 under the provisions of Army Regulation 635-200, paragraph 
5-17, after completing 1 month and 14 days of net active service.  She was assigned an RE code 3 and a separation program designator (SPD) code of JFV.

9.  The applicant submitted a letter from the Wake County Mental Health Services which shows her previously-diagnosed adjustment disorder with anxiety and depressed mood was not really associated with any difficulty she may be having on a personal level, but was entirely circumstantial.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, 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.

11.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  It notes that JFV is the appropriate SPD code for individuals involuntarily discharged because of a physical condition, not a disability.

12.  A cross-reference table provided by officials from the Separations Branch of the U.S. Army Human Resources Command confirms that RE code 3 is the appropriate RE code for individuals who are separated with an SPD code of JFV.

DISCUSSION AND CONCLUSIONS:

1.  Her request to change her RE code from RE-3 to RE-1 was carefully considered.

2.  She underwent a mental evaluation and was diagnosed with an adjustment disorder with anxiety and depressed mood and as a result was recommended for discharge pursuant to Army Regulation 635-200, paragraph 5-17.

3.  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.  She was assigned an RE code 3 and an SPD code JFV.

4.  She has not submitted sufficient evidence to show her separation which resulted in receiving an RE code 3 was in error or unjust.

5.  As a matter of information, however, the applicant is advised that although it has been determined that her RE and SPD codes were properly assigned, this does not mean she is totally disqualified from returning to military service.  The disqualification upon which the RE and SPD codes were based may be waived for enlistment purposes.

6.  If she desires to enlist, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  Those individuals can advise a former service member as to the needs of the service at the time and may process enlistment waivers for both the applicant's RE code and her reason for separation.  There is, however, no guarantee that her request for such a waiver will be granted.

7.  In view of the foregoing, she 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 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)                                         AR20110010008



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ABCMR Record of Proceedings (cont)                                         AR20110010008



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