IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110017740 


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 his Reentry (RE) code of 3 be changed so that he may be able to rejoin the military.

2.  The applicant states, in effect:

* he was diagnosed with bipolar disorder when he was 5 or 6 years old
* he stopped taking the medicine when he realized he did not have bipolar disorder
* his mother just wanted benefits from the State at his expense
* he was told if he did not go through the proper route that he would be dishonorably discharged
* he voluntarily gave medical information to the Community Mental Health Service (CMHS) hoping he would later be able to rejoin the military
* he is willing to go through a psychiatric evaluation

3.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 2 November 2009.  He did not complete basic training.



2.  A DD Form 2697 (Report of Medical Assessment), dated 21 January 2010, shows that the applicant was examined by a military physician who indicated the applicant had a history of bipolar disorder that existed prior to service (EPTS).

3.  On 19 January 2010, an Entrance Physical Standards Board (EPSBD) convened at U.S. Army, Medical Department Activities, Fort Benning, Georgia to evaluate the applicant.  The DA Form 4707 (EPSBD Proceedings) noted "EPTS condition was identified on 8 January 2010."  The EPSBD stated, “This 21 year-old Soldier was evaluated at Community Mental Health Service for self-reported complaints of depression and anxiety, not being able to tolerate the stress of the training environment and the feeling he could not continue in training.  He reported a history of mental treatment.  Written records were obtained from Family Life Center in Riverton, KS, from 2008, which documented the Soldier had been diagnosed with Bipolar I Disorder, that he began receiving outpatient mental health care as early as 1993, that he was psychologically hospitalized as an inpatient on at least one occasion in 2004.”

4.  The EPSBD found the applicant did not meet retention standards due to Axis I: Bipolar I disorder, by history, EPTS.  The EPSBD recommended that the applicant be separated from the military due to his diagnosed medical condition.  The medical approving authority approved the findings and recommendations of the EPSBD on 19 January 2010.

5.  On 2 February 2010, the applicant concurred with the EPSBD Proceedings in Item 21 (Action by Service Member) of the DA Form 4707 and requested to be discharged from the Army without delay.  This portion of the EPSBD Proceedings also provided the applicant the opportunity to concur with the proceedings and request retention on active duty; to disagree with the proceedings because his condition did not exist prior to service; or to disagree with the proceedings because his condition was not disqualifying on entry and was aggravated by service.  He did not indicate that he disagreed with the findings.

6.  The unit commander recommended that the applicant be separated based on the EPSBD results by signing Item 25 (Action by Unit Commander) of the DA Form 4707.  The reason for the proposed action was the applicant having been diagnosed with Axis I: Bipolar I disorder, by history, EPTS.

7.  On 4 February 2010, the separation authority approved the applicant’s separation by signing Item 29 (Action by Discharge Authority) of the DA Form 4707.  



8.  On 11 February 2010, the applicant was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 with an character of service as uncharacterized, by reason of "FAILED MEDICAL/PHYSICAL/PROCUREMENT.”  After completing 3 months and 10 days of creditable active duty service, his DD Form 214 shows:

* Item 27 (Reentry Code) "3"
* Item 25 (Separation Authority) "AR 635-200, CHAP 5-11"
* Item 26 (Separation Code) "JFW"

9.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an EPSBD, 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 the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations, which identify reasons for and types of separation from active duty.  The "JFW" SPD is the correct code for Soldiers separating under paragraph 5-11 of Army Regulation 635-200 by reason of failure to meet procurement medical fitness standards.  Additionally, the SPD/RE Code Cross Reference Table establishes that the RE code of 3 was the proper reentry code to assign Soldiers with an SPD code of "JFW."  

11.  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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard and includes a list of Armed Forces RE codes:

   a.  RE-1 applies to persons completing an initial term of active service who are fully qualified when last separated.

   b.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

12.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for his separation and separation code should be removed, and that his RE code be upgraded.  

2.  Evidence of record shows the applicant was discharged on 4 September 
2008 due to failure to meet procurement medical fitness standards.  By regulation, this mandated that he be separated from the Army and assigned an RE-3 code.  The EPSBD proceedings clearly established that he suffered from Bipolar I disorder, EPTS.  The condition was presumably diagnosed by competent military medical personnel.  The applicant concurred with the findings of the EPSBD.  Because this condition was identified within his first 180 days of service, his discharge was appropriately characterized as uncharacterized and he was assigned the appropriate RE code.

3.  The applicant's desire to reenter the military was considered.  However, records are not corrected solely for the purpose of establishing eligibility for other programs or benefits.
   
4.  However, this does not mean that the applicant has been completely denied the opportunity to reenlist.  Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process a waiver request.

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)                                         AR20110017740





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ABCMR Record of Proceedings (cont)                                         AR20110017740



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