IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120004316 


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 his reentry eligibility (RE) code be changed.  He also requests, through a Member of Congress, to be paid one month's salary (July 2011) and travel expenses.

2.  The applicant states:

* he received an unjustified RE code of 3 for the reason of mental issues but he was cleared for military duty
* he was put in a military mental ward for a week and a half due to being wrongfully accused of suicidal thoughts; but he was cleared for duty by a medical professional

3.  A letter, dated 27 January 2012, from a Member of Congress states:

	a.  The applicant believes he was supposed to be discharged on 30 June 2011 but he was not discharged until 26 July 2011.  He was not paid for this extra month and is hoping to recover that money.

	b.  The applicant was never afforded the opportunity to fill out a travel voucher upon leaving his duty station and his family was forced to come and get him.  He wants to be reimbursed for the trip. 




4.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Mental health discharge instructions
* Letter, dated 27 January 2012, from a Member of Congress
* Unit Clearance Record

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 September 2007 and trained as a cannon crewmember.  He arrived in Iraq in May 2009.  On 12 October 2009, he was honorably discharged for immediate reenlistment.  He reenlisted on 
13 October 2009.  He departed Iraq in April 2010. 

2.  He provided a medical record (mental health discharge instructions) which shows:

* he was admitted to the hospital on 13 September 2010 and discharged on 23 September 2010
* he was diagnosed with an adjustment disorder with depressed mood, alcohol abuse
* he was returned to duty without limitations

3.  The facts and circumstances surrounding his discharge action are not contained in the available records.  However, his DD Form 214 shows he was honorably discharged on 30 June 2011 under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  

4.  His DD Form 214 shows in:

* item 12b (Separation Date This Period) the entry "2011  06  30" (30 June 2011)
* item 12c (Net Active Service This Period) the entry "0003 09 06" (3 years, 9 months, and 6 days) 
* item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, PARA [paragraph] 5-17"  
* item 26 (Separation Code) the entry "JFV"
* item 27 (Reentry Code) the entry "3"  
* item 28 (Narrative Reason for Separation) the entry "CONDITION, NOT A DISABILITY"



5.  He provided a DA Form 137-1 (Unit Clearance Record) which shows:

* orders were dated 27 June 2011
* his departure date was 30 June 2011 in Section A (Personnel Data)
* the verifying official signed the unit clearance items on 26 July 2011 in Section E (Battalion/Unit Clearance items) 

6.  Records from the Defense Finance and Accounting Service (DFAS) confirmed:

* he was separated on 20 July 2011 with an effective date of 30 June 2011
* this created a debt for $3,738.18 of his reenlistment bonus, which was taken from any final pay he had, and left him owing a debt of $1,584.89
* he was not paid for any time past 30 June 2011

7.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5 provides for separation for the convenience of the government.  Paragraph 5-17 provides for discharge for other designated physical or mental conditions.  Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (separation of personnel who did not meet procurement medical fitness standards) or 5-13 (separation because of personality disorder) that potentially interfere with assignment to or performance of duty.  A Soldier separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons.  The regulation states the reason for separation based on SPD code "JFV" is "Condition, not a disability" and the regulatory authority is Army Regulation 635-200, paragraph 5-17.

9.  Pertinent Army regulations provide 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 processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes:

* RE-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.
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

10.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD of JFV will be given an RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  Unfortunately, without his complete discharge packet/medical records and in the absence of evidence to the contrary, it must be presumed the applicant’s RE code was administratively correct and in conformance with applicable regulations.  

2.  The applicant contends he should have been discharged on 30 June 2011 but he was not discharged until 26 July 2011.  He also contends that he was not paid for the extra month that he served.  DFAS records show a debt was created when he was separated early due to recoupment of an enlistment bonus.  This was taken from his final pay and left him owing $1,584.89.  This might explain why he was not paid after 30 June 2011.  

3.  There is insufficient evidence to show he separated on 26 July 2011.  However, DFAS records indicate the separation transaction was initiated on      20 July 2011, effective 30 June 2011.  His clearance papers indicate his discharge orders were issued on 27 June 2011.  It is possible he could have been separated on 30 June 2011, with his commander finishing the clearance actions on 26 July 2011.  However, it is also possible, since the DFAS separation action was initiated on 20 July 2011, that the applicant was still physically present on the installation as late as 20 July 2011. Given the ambiguities/inconsistencies between his clearance papers, DFAS records, and his DD Form 214, it would be equitable to resolve any doubt concerning his actual discharge date partially in his favor.

4.  Therefore, his DD Form 214 should be corrected to show he separated on    20 July 2011 after completing 3 years, 9 months and 26 days of service and he should receive any pay and allowances due as a result of this correction.  

5.  His contention he was never afforded the opportunity to fill out a travel voucher upon leaving his duty station and his family was forced to come and get him and he wants to be reimbursed for the trip was noted.  However, there is no evidence of record and he provided no evidence to support this contention.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 12b of his DD Form 214 and replacing it with the entry "2011 07 20"; 

	b.  deleting the entry in item 12c of his DD Form 214 and replacing it with the entry "0003 09 26"; and

	c.  paying him any pay and allowances due as a result of the above corrections.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his RE code, amending his separation date to 26 July 2011, or granting him any additional pay.  



      _______ _   _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)                                         AR20120004316



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ABCMR Record of Proceedings (cont)                                         AR20120004316



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