IN THE CASE OF:	  

		BOARD DATE:	    3 April 2012

		DOCKET NUMBER:  AR20110019738 


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 correction of his Reentry (RE) code of 3 to a more favorable RE code so he may reenter the military.

2.  The applicant states, in effect, that at the time of discharge he was informed he would be able to reenter any branch of the armed forces after 6 months.  Therefore, he believes his paperwork contains an error.  The agreement between him and his superiors is not supported by his discharge document. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a memorandum of recommendation for enlistment in the U.S. Air Force.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) on 20 October 2009.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13D (Field Artillery Automated Tactical Data Systems Specialist).  The highest rank/grade he attained was private/E-2.

2.  The applicant’s record contains a Report of Behavioral Health Evaluation, dated 25 August 2010, which shows he was diagnosed with an adjustment disorder with anxiety and depressed mood.  His record also contains a DA Form 4856 (Developmental Counseling Form), dated 12 October 2010, which states the applicant recently exhibited suicidal and homicidal ideation, requiring a stay of 9 days at an inpatient psychiatric unit.

3.  On 2 December 2010, the applicant's commander notified him he was initiating action to separate him from the Army with an honorable discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5, paragraph 5-17, for other designated physical or mental conditions.

4.  On 6 December 2010, the applicant was advised of his rights and the impact of the discharge.  He was advised by consulting legal counsel of the basis of the contemplated actions to separate him under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, for other designated physical or mental conditions, and its effect on the rights available to him and the effect of any action taken by him in waving any of his rights.  The applicant further acknowledged he understood he would be ineligible to apply for enlistment in the U.S. Army for a period of 2 years after his discharge.  

5.  On 7 December 2010, the applicant's commander recommended that the applicant be separated under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, for other designated physical or mental conditions.

6.  On 15 December 2010, the separation authority approved the separation action and directed the applicant be discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, with the issuance of an Honorable Conditions Discharge Certificate.  

7.  On 22 December 2010, the applicant was discharged accordingly.  He had completed 1 year, 2 months, and 3 days of active military service.

8.  The applicant provided a memorandum from the Chief, Inspections Division, Operations Verification, Air Force Nuclear Weapons Center who recommends the applicant for enlistment in the U.S. Air Force.

9.  Army Regulation 635-200, chapter 5, paragraph 5-17 states 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, sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.
10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes.

* An RE code of 1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army if all other criteria are met
* An RE code of 3 applies to Soldiers who are not considered fully qualified for reentry or continue service at time of separation, but the disqualification is waivable, ineligible unless a waiver is granted

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It identifies the SPD of "JFV" as the appropriate code to assign enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, based on a condition, not a disability.

12.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established an RE code of 3 as the proper RE code to assign Soldiers separated with an SPD code of "JFV."  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record confirms he was separated under the provisions of chapter 5, paragraph 5-17, Army Regulation 635-200 by reason of a condition, not a disability.  It further shows that based on this authority and reason for separation he was appropriately assigned an SPD code of "JFV" in accordance with the applicable regulation.  He was assigned a corresponding RE code of 3.  His assigned RE code was and remains valid.  

2.  An RE code of 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.  

3.  There is no evidence that the applicant's discharge documents are incorrect or that he was told he could enter any branch of the armed forces after 6 months. In fact, his discharge documents clearly show he acknowledged he understood that he would be ineligible to apply for enlistment in the U.S. Army for a period of 2 years after his discharge and no other branch of the armed forces is mentioned.  

4.  The applicant is advised that although no change is being recommended to his RE code, this does not mean that he is disqualified from reentering the military.  If the applicant still desires to enter the Air Force, he should contact a local recruiter who can best advise a former service member as to the needs and requirements of the Air Force and process a waiver if appropriate.

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)                                         AR20110019738



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ABCMR Record of Proceedings (cont)                                         AR20110019738



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