BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110019040 


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 an upgrade of his reentry eligibility (RE) code of 3 for the purpose of enabling him to reenter military service.

2.  He states his RE code should be upgraded based upon his prior military record, the manner in which he conducted himself prior to being discharged, and his desire to serve.

3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the U.S. Navy on 26 May 2004 and served for a period of 4 years and 6 months.  He enlisted in the Regular Army (RA) on 25 November 2008 for a period of 3 years and 13 weeks.

2.  His record contains a DA Form 4856 (Developmental Counseling Form), rendered by his company commander on 5 December 2008, which shows he was counseled for displaying low morale and motivation and for showing that he did not want to be there.  The commander noted the applicant had not been cooperative and demonstrated a strong desire to get out of the Army and return to the Navy.

3.  The applicant underwent a mental status evaluation where after the examining psychologist opined:  WAMC Medical Director of Inpatient Psychiatry provided a memorandum summarizing the applicant's mental health evaluation to his company commander.  In pertinent part, the Medical Director noted the following pertaining to the applicant's conditions:

	a.  he presented adjustment difficulties to the training environment resulting in overwhelmed coping skills, increased emotionality, increased impulsivity, decreased performance, and decreased motivation to train;

	b.  his rehabilitative potential at the time was limited by his emotionality and risk;

	c.  he did not require further mental health treatment at the time;

	d.  he was likely to act out and be disruptive, but not in a dangerous manner;

	e.  his immediate potential for harm to himself or others was low; and

	f.  he met the psychiatric criteria for routine administrative separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other designated physical or mental conditions) and any action deemed appropriate by his command.

4.  The applicant's company commander notified him he was initiating action to separate him from the Army under the provisions of Army Regulation 635-200, paragraph 5-17.  The specific reason for this proposed action was his recent diagnosis of having an adjustment disorder which affected his emotional control, behavior, and his ability to effectively perform military duty, which could cause him to most likely harm himself or others, thus preventing him from being a productive member in the U.S. Army.  The commander further stated he was recommending that the applicant receive an entry level discharge.

5.  He was advised of his rights and the impact of the discharge.  He was advised by consulting legal counsel of the basis of the contemplated action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions, and its effect of the rights available to him and the effect of any action taken by him in waiving any of his rights.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action.

6.  On 11 December 2008, the separation authority approved the request and directed the applicant be discharged from the Army under the provisions of Army Regulation 635-200, paragraph 5-17, with issuance of an Uncharacterized Discharge Certificate.

7.  He was discharged on 17 December 2008.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time shows:

* his character of service was "Uncharacterized"
* he was discharged under the provisions of Army Regulation 635-200, chapter 11 with a Separation Program Designator (SPD) code of JGA and an RE code of 3
* his narrative reason for separation was "Entry Level Performance and Conduct"

8.  Army Regulation 635-200, paragraph 5-17, states that commanders who are special court-martial-convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Members may be separated for physical or mental conditions not amounting to disability, which includes those members suffering from a disorder manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.  Members separated under this provision of the regulation will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter.

10.  Army Regulation 635-5-1 (SPD Codes), in effect at the time of the applicant's separation, provided 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 stated, in pertinent part, that the SPD code of JFV was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, for "Condition, not a disability."  This regulation further shows that the SPD code of JGA was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, for "Entry Level Performance and Conduct."

11.  The SPD/RE Code Cross Reference Table indicates that an RE code of 3 was the proper code to assign members separated with an SPD code of either JFV or JGA at the time of the applicant's discharge.

12.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States Army Reserve.  Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment.  This chapter includes a list of armed forces RE codes, including RA 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 the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be upgraded was carefully considered and determined to lack merit.

2.  Although there is disparity between the narrative reasons for separation and the corresponding SPD codes in the applicant's discharge packet and his DD Form 214; they each warranted the issuance of an RE code of 3.  Therefore, he was appropriately assigned an RE code of 3.  Accordingly, there is no basis for granting the applicant's requested relief.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and 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 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)                                         AR20110019040





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ABCMR Record of Proceedings (cont)                                         AR20110019040



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