IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110015568 


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 amendment of her reentry eligibility (RE) code.

2.  The applicant states she needs a more favorable RE code to reenter military service.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows she enlisted the Regular Army on 4 March 2004 and never completed initial entry training.

3.  On 12 March 2004, the applicant underwent a mental status evaluation while still in initial entry training.  The examiner determined the applicant suffered from a disorder manifesting disturbances of perception, thinking, emotional control, depression, suicidal ideation, or behavior sufficiently severe that her ability to perform military duties was significantly impaired.  The examiner determined the condition did not amount to a disability.  The mental health recommendation was that the applicant should be removed from training and the evaluation supported administrative action under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-17 (Other Physical or Mental Conditions, Not a Disability).

4.  On 22 March 2004, the applicant's commander notified her that separation action was being initiated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  The commander cited a mental health evaluation that determined the applicant was suffering from psychosis manifesting disturbances of perception, thinking, emotional control, depression, suicidal ideation, and behavior sufficiently severe that her ability to perform military duties was significantly impaired.  The applicant acknowledged receipt of the notification.

5.  The applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-17, was approved and she was discharged accordingly on 13 April 2004.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows she held the grade of private/E-1 and completed 1 month and 10 days of active military service.  Item 25 (Separation Authority) shows she was separated under the provisions of paragraph 5-17, Army Regulation 635-200, and item 26 (Separation Code) lists the separation program designator (SPD) code JFV.  Item 27 (Reentry Code) contains the RE code 3 and item 28 (Narrative Reason for Separation) shows she was separated by reason of "physical condition, not a disability."

6.  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 basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.  RE-4 applies to persons who have a non-waivable disqualification and RE-3 applies to persons who have a waivable disqualification.  Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.

7.  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, by reason of "physical condition, not a disability."  The Department of the Army SPD SPD/RE Code Cross Reference Table in effect at the time and the current version stipulate RE-3 is the proper code to assign to members who receive the SPD code JFV.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to amend her RE code has been carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, the RE code assigned to members separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "physical condition, not a disability" who are assigned the SPD code JFV is RE-3.

2.  Absent any evidence of error or injustice related to the RE-3 code assigned to the applicant at separation, there is an insufficient evidentiary basis to support an amendment to the applicant's RE code.  The applicant is advised that her disqualification is waviable and if she wishes to reenter military service she should contact local recruiting personnel who are responsible for processing 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 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)                                         AR20110015568



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ABCMR Record of Proceedings (cont)                                         AR20110015568



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