IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120002558 


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 a change to the reentry (RE) code assigned in conjunction with his 9 February 2010 discharge.   

2.  The applicant states he was incorrectly diagnosed with a mixed adjustment disorder that was made under pressure from his chain of command.  The applicant states, if needed, he will appear before the Board.  

3.  The applicant provides a letter from a psychologist and a self-authored letter in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army, on 
26 September 2008, and he was trained in and awarded military occupational specialty (MOS) 19D (Cavalry Scout).  His record shows he was advanced to private first class (PFC)/E-3, on 25 June 2009, and this is the highest rank he attained while serving on active duty.  

2.  A MEDCOM Form 4038 (Report of Behavioral Health Evaluation) in the applicant's record shows he underwent a mental health examination on
21 December 2009.  The examining psychiatrist diagnosed the applicant with an “adjustment disorder, mixed.”  The examiner psychiatrically cleared the applicant for any administrative action deemed appropriate by his chain of command.


3.  On 12 January 2010, the unit commander notified the applicant action was being initiated to separate him under the provisions of paragraph 5-17 (condition, not a disability), Army Regulation 635-200 (Personnel Separations) based on the applicant having been diagnosed with a mixed adjustment disorder.  The unit commander also informed the applicant he was recommending that he receive an honorable discharge.  

4.  The applicant consulted with a paralegal noncommissioned officer on 
12 January 2010 and he was advised of the basis for the contemplated separation action, its effects, and of the rights available to him in connection with the separation action.  Subsequent to receiving this counsel, the applicant waived his right to consulting counsel, his right to submit statements in his own behalf, and his right to an administrative separation board.  

5.  On 19 January 2010, the separation authority determined the applicant possessed no potential for useful service under conditions of full mobilization and directed the issuance of an honorable discharge.  On 9 February 2010, the applicant was honorably discharged, in the rank of PFC/E-3, after completing 
1 year, 7 months, and 15 days of active military service.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he was separated under the provisions of paragraph 5-17, Army Regulation 635-200, by reason of a “condition, not a disability” and that based on this authority and reason for discharge, he was assigned a Separation Program Designator (SPD) code of "JFV" and a corresponding RE code of "3."  

6.  The applicant provides a psychological examination letter completed by a psychologist at the Family Wellness Center, Clarksville, Tennessee, dated 
23 October 2010.  The examining psychologist states that given the results of the applicant's examination, there are no psychological, emotional, or cognitive reasons to keep the applicant from his destiny as a member of the U.S. Army.  He further indicates that the adjustment disorder diagnosis that led to the applicant's separation action was based on critical life/family/physical stressors that have since been resolved favorably.  He further states that a legitimate diagnosis the applicant's current diagnosis is clearly not supported by his present presentation/history or the current findings.  

7.  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 U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.  An RE code of "3" applies to persons who have a waivable disqualification.  Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.  

8.  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 provides for assigning the SPD code JFV to Soldiers separated under the provisions of paragraph 5-17, Army Regulation 635-200 by reason of condition, not a disability.  The Department of the Army SPD/RE Code Cross Reference Table stipulates that an RE code of "3" is the proper code to assign members who are separated for a condition, not a disability under the provisions of paragraph 5-17, Army Regulation 635-200 and who are assigned an SPD code of "JFV."  

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army.  Chapter 2, Section IV contains guidance on hearings and disposition of applications.  It states applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s assertion that he was wrongfully diagnosed with a mixed adjustment disorder and this should result in a change of his RE code has been carefully considered.  However, there is insufficient evidence to support this claim.  In the supporting letter the applicant provides the examining psychologist while indicating the applicant no longer suffers from an adjustment disorder does not indicate that the military psychiatrist made an inappropriate diagnosis during the applicant’s separation processing.  Therefore, the evidence clearly does not support the applicant’s assertion that he was wrongfully diagnosed.  

2.  The applicant's record shows his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  By regulation, the RE code assigned is based on the SPD code assigned as a result of the authority and reason for separation and RE code of "3" was the proper code to assign the applicant based on the authority and reason for separation.  As a result, the RE code of "3" was and remains valid.  

4.  The applicant is advised that an RE code of "3" indicates a waviable disqualification.  Therefore, if he desires to reenlist he should contact local recruiting officials who are responsible for processing RE code waivers.  

5.  In addition, as a matter of information, formal hearings and personal appearance before the ABCMR is not a right and is only necessary when it is determined by the Director of ABCMR to be necessary in the interest of justice.  In this case, the evidence of record and independent evidence was sufficient for the ABCMR to arrive at a fair and impartial decision.  

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)                                         AR20120002558



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ABCMR Record of Proceedings (cont)                                         AR20120002558



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