IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120001653 


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 eligibility (RE) code from a "3" to a "1."

2.  The applicant states he was going through a lot at once and he decided to leave the military.  He goes on to state that he has always wanted to serve and he now desires to reenter the military and pursue the career that he really loves.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 November 2008 for a period of 3 years and 25 weeks, training as a motor transport operator, and a $20,000.00 enlistment bonus.

2.  He completed his one-station unit training at Fort Leonard Wood, MO and he was transferred to Korea for his first and only duty assignment.

3.  The evidence of record indicates nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) was imposed against him for underage drinking and curfew violation.

4.  The applicant underwent a mental status evaluation and he was diagnosed as having an adjustment disorder with disturbance of emotion and conduct.  The 


examining psychologist opined that it was unlikely efforts to rehabilitate or develop the applicant into a satisfactory member of the military would be unsuccessful.

5.  On 17 September 2009, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 5-17, due to a condition, not a disability.

6.  The applicant acknowledged he had been notified and elected not to submit a statement in his own behalf.

7.  The appropriate authority approved the recommendation for discharge on 28 October 2009 and directed the applicant be furnished an Honorable Discharge Certificate.

8.  Accordingly, he was honorably discharged on 18 November 2009 under the provisions of Army Regulation 635-200, paragraph 5-17 due to a condition, not a disability.  He completed 1 year and 6 days of creditable active service.  The
DD Form 214 he was issued at the time shows he was assigned a separation program designator (SPD) code of "JFV" and an RE code of "3."

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides for the separation of Soldiers on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty.  Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired.

10.  Army Regulation 635-5-1 (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 the SPD code JFV is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a condition, not a disability.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFV.

11.  Army Regulation 635-200 further 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  He was separated under the provisions of Army Regulation 635-200, paragraph 5-17, and properly issued an RE Code of "3" in accordance with the applicable regulations.

3.  In view of the foregoing, there appears to be no basis for granting the applicant's requested relief.

4.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however it does allow for a waiver of disqualification.  Therefore, 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 may process 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)                                         AR20120001653



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ABCMR Record of Proceedings (cont)                                         AR20120001653



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