IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020749 


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 change of his reentry (RE) code to enlist in the U.S. Marine Corps (USMC).

2.  The applicant states:

* he did not receive the proper help from his unit at the time and he was not considered for favorable action
* supporting documents prove he does not have the conditions that were affecting him at that time
* he has been tested for sleep disorder and the results came back favorable for his anxiety disorder
* there were no signs or symptoms as followed by his civilian psychiatrist
* his unit was trying to get rid of any Soldier who was not able to deploy and this expedited the processing of his medical evaluation board (MEB)

*	this resulted in his retirement and it came at a time when he just wanted to get out of the horrible situation he was facing in his unit
*	he erred in joining the Army and he was going to return to the USMC after his enlistment was over

* he did not receive the proper care from the mental health clinic and pressure from his unit  resulted in his separation
* there was no sleep study performed for his condition
* the MEB documentation is more subjective and opinion-based and not factual
3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from his civilian psychologist, dated 14 April 2011
* Maintenance of Wakefulness Test (MWT) Report, dated 14 July 2011
* Sleep Analysis Report, dated 14 July 2011

CONSIDERATION OF EVIDENCE:

1.  After having had prior active service in the USMC, the applicant enlisted in the Regular Army on 24 January 2008.  He completed training and he was awarded military occupational specialty 68W (Health Care Specialist).  The highest rank/grade he attained while on active duty was specialist (SPC)/E-4.

2.  The applicant's DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 13 March 2010, show the following:

	a.  The applicant was diagnosed with generalized anxiety disorder with sleep disorder NOS (not otherwise specified).  The onset of his condition occurred in May 2009.

	b.  His generalized anxiety disorder manifested by excessive worry and concern occurred on a daily basis for more than 6 months causing poor work and social performance.

	c.  The applicant reported constant restlessness and being on edge, fatigue, poor concentration, forgetfulness, irritability, and sleep disturbance.  This caused marked impairment in his ability to perform his military duties.

	d.  The PEB determined his condition was unfitting and prevented him from satisfactorily performing his duty in his grade and primary specialty.  The PEB recommended a permanent disability retirement with a 30 percent (%) disability rating percentage.

3.  On 16 March 2010, the applicant concurred with the PEB's findings and recommendations and waived his rights to a formal hearing.

4.  Orders Number 084-0002, issued by the Host Nation Liaison Field Operating Activity, Bamberg Transition Center, dated 25 March 2010, shows the applicant was retired on 19 June 2010 by reason of permanent physical disability.  He was placed on the Retired List on 20 June 2010.


5.  The DD Form 214 he was issued at the time shows he was retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(1) by reason of permanent disability.  He was assigned a separation code of SFJ and an RE code of 4.  He completed 2 years, 4 months, and 26 years of net active service this period for a total of 6 years, 4 months, and 26 days of creditable active service.

6.  The applicant provides an MWT Report, Sleep Analysis Report, and a letter from his civilian psychologist.  These documents indicate:

	a.  On 6 April 2011, the applicant underwent a 6-hour evaluation based on his application for vocational rehabilitation.  The evaluation was based upon an analysis of behavior, observation, psychological testing, and a review of documents, including an Army Behavioral Narrative Summary.

	b.  The applicant stated at the time of his MEB his mental state was influenced by a number of factors including threats of divorce if he did not leave the USMC, marital separation, divorce, relocation, unemployment, loss of his wife and daughter, serious adjustment problems in the Army, and trials of four hypnotic and two antidepressant drugs which he reported made him significantly worse, not better.

	c.  The applicant's testing included the Beck Anxiety Scale, Epworth Sleepiness Scale, Anxiety Disorder Symptom Inventory, and the Personality Assessment Inventory.   All produced unremarkable results.  The applicant appears to no longer exhibit any mental disordered features and currently has a Global Assessment Functioning Scale of 90 which indicates an absence of or minimal symptoms, good functioning in all areas, interested and involved in a wide range of activities, socially effective, generally satisfied with life, and no more than everyday problems or concerns.

	d.  The applicant's evaluation shows he achieved full remission from the symptoms he formerly exhibited, i.e., anxiety disorder or sleep disorder (NOS).

7.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  It provides for MEBs, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

8.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the Veteran's Affairs Schedule for Rating Disabilities (VASRD).

9.  Department of Defense Instruction (DODI) 1332.38 (Physical Disability Evaluation) implements policy, assigns responsibilities, and prescribes procedures for retiring or separating Service members because of physical disability, making administrative determinations for members with service-incurred or service-aggravated conditions; and authorizing a fitness determination for members of the Ready Reserve.  Section E3.P3.4, states that determining whether a member can reasonably perform his or her duties includes consideration of:

	a.  Common Military Tasks:  Duties, for example, whether the member is routinely required to fire his or her weapon, perform field duty, or to wear load bearing equipment or protective gear.

	b.  Physical Fitness Test:  Whether the member is medically prohibited from taking the respective Service's required physical fitness test. 

	c.  Deployability:  When a member’s office, grade, rank or rating requires deployability, whether a member’s medical condition(s) prevents positioning the member individually or as part of a unit with or without prior notification to a location outside the continental United States. 

	d.  Special Qualifications:  For members, whose medical condition causes loss of qualification for specialized duties, whether the specialized duties comprise the member's current duty assignment, or the member has an alternate branch or specialty, or whether reclassification or reassignment is feasible.

10.  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 codes to be entered on the DD Form 214.  It states that SPD code SFJ is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(1) by reason of permanent disability.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of SFJ.


11.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) states 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 and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant request for a change of his RE-4 so he may reenter the military was carefully considered.  

2.  The applicant underwent a PEB that found him physically unfit to perform the duties in his grade and specialty and recommended his retirement by reason of permanent disability.  At the time he concurred with the PEB's findings and recommendations and he did not request a formal hearing.  As a result, he was retired by reason of permanent disability.  At the time of his retirement, he received a separation code of SFJ with a corresponding RE-4 code.  The assigned SPD and RE code were and still are consistent with the authority and reason for his retirement.

3.  His desire to reenter the military is noted; however, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20110020749



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ABCMR Record of Proceedings (cont)                                         AR20110020749



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