IN THE CASE OF:	  

		BOARD DATE:  20 March 2012

		DOCKET NUMBER:  AR20110017233 


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, correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show a reentry code of "1" or "2" instead of "3."  He also requests that his Separation Program Designator (SPD) code of JFW be changed to a code that will allow him to reenter the military.

2.  The applicant states:

	a.  He enlisted in the Army while still a student in high school.  He entered basic training in September 2009 at Fort Leonard Wood, Missouri.  He was told the Army was frequently discharging recruits for any reason they could find.  About 15 days into basic training his battle buddy allegedly reported to the drill sergeant that he was acting strange.  Therefore, he was examined by a psychiatrist who asked him a series of questions which included inquiring whether he was suicidal or homicidal.  He explained that his childhood was rough but it did not affect him emotionally and he had no problems.  He was released thinking he could continue with basic training.

	b.  On 16 September 2009, during a meeting with his company commander he was asked a series of questions and it was determined that he needed to be separated from the Army because of a history of depression as shown in his medical records.  The applicant contends that his medical records are devoid of any such history.  The commander advised him it would be in his best interest to accept the separation and that he could reenter the military at a later time.  He reluctantly accepted the separation.

	c.  On 18 September 2009, he was notified that the separation process had started.  He was shown the paperwork that clearly indicated he would receive an uncharacterized discharge and assigned an SPD code of JFW and an RE code of 3.  He signed the paperwork and returned home.

	d.  He immediately talked with his former recruiter and was told to come back in October 2010.  When he returned, he discovered his former recruiter was no longer in the position.  He talked with another recruiter who said he had seen four other recruits come back from basic training with the same problem.  They reviewed his paperwork and discovered it said he had depression since age 11 and endorsed suicide attempts.  They both knew this was an outrageous lie.  His medical records did not show any indication of depression.  The recruiter suspected that because the Army was over-staffed, they had to make cuts somewhere, so they started with the recruits in basic training.

	e.  He deeply wants to serve his country and he is extremely upset over his situation.  If he is able to reenter the military he intends to make it his career.  He is fully prepared to complete basic training and serve in the military.

3.  The applicant provides copies of his DD Form 214 and Entrance Physical Standards Board (EPSBD) Proceedings, dated 11 September 2009.

CONSIDERATION OF EVIDENCE:

1.  On 2 September 2009, the applicant enlisted in the Regular Army (RA).  He was subsequently assigned to Fort Leonard Wood, Missouri for enrollment into basic combat training.

2.  On 11 September 2009, the applicant's commander was notified via a memorandum from the Patient Administration Division that the applicant had a medical condition/impairment which would have precluded his current enlistment had it been identified.

3.  On 11 September 2009, the applicant's commander initiated an administrative separation action under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), paragraph 5-11, due to failure to meet procurement medical fitness standards.  The commander certified that the applicant had not been a victim of sexual assault and that he did not believe this separation action was the result of any such incident.

4.  The EPSBD proceedings initiated on 11 September 2009 state as part of the findings that the applicant entered active duty and was in training at Fort Leonard Wood, Missouri.  Shortly after arrival for training, he experienced problems with a depressed mood, poor concentration, appetite changes, inability to sleep, emotional numbing, and suicidal ideation.  His past psychiatric history indicates a history of depression beginning at age 11.  His symptoms of depression have included irritability, anger issues, poor sleep, poor concentration, and suicidality.  He endorsed suicide attempts throughout his adolescence.  Accordingly, he met the criteria for depression prior to entering the U.S. Army.

5.  On 15 September 2009, the findings of the EPSBD were approved by proper authority.  On 18 September 2009, the applicant concurred with the EPSBD proceedings and requested a discharge from the U.S. Army without delay.  On 21 September 2009, his company commander recommended that he be discharged.

6.  On 21 September 2009, the appropriate separation authority directed that he be discharged from the Army.  He was accordingly discharged on 25 September 2009.

7.  The DD Form 214 issued to him upon discharge shows he was discharged under the provisions Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-11, due to failure to meet medical/physical procurement standards, and he received an "Uncharacterized" description of service; an SPD code of JFW, and an RE code of 3.  He had completed 24 days of active duty service.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 
6 months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status.

9.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes including RA RE codes.  An RE code of 3 applies to persons separated from their last period of service with a waivable disqualification.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JFW was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet medical/physical procurement standards.  Additionally, the SPD/RE Code Cross Reference Table establishes an RE code of 3 as the proper RE code to assign to Soldiers for this reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show to show he was assigned an RE code of "1" or "2" instead of an RE code of "3."  He also requests that his SPD code of "JFW" be changed to a code that will allow him to reenter the military.

2.  The SPD code entered on the applicant's DD Form 214 is in agreement with the available evidence of record.  Furthermore, the applicant has not provided any documentary evidence that sufficiently shows what the Army did in his case was in error.

3.  The RE code establishing his ineligibility for enlistment/reenlistment was entered on his separation document in accordance with governing regulations.

4.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE code of 3.  While the applicant’s desire to continue in the service to his country is commendable there are no provisions authorizing the change of an RE code for this purpose.

5.  In view of the foregoing, his request should be denied.









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)                                         AR20110017233



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ABCMR Record of Proceedings (cont)                                         AR20110017233



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