IN THE CASE OF:	  

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120008265 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 27 (Reentry Eligibility (RE) Code) something other than "3."

2.  The applicant states he wants his RE code changed so he can reenter military service.  There was no evidence and there still is no evidence or proof that the reason for his discharge still applies or affected him then or now.  He has no illness or condition and should be allowed to serve.  He agrees to some extent of the reason for his discharge but he does not think it is fair.  He believed his discharge was because of his depressed state at the time.

3.  The applicant provides his DD Form 214; a letter from the Chief, Case Management Division, Army Review Boards Agency; and a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 July 2009 and he held military occupational specialty 92G (Food Service Specialist).  He was assigned to G Company, 125th Support Battalion, 1st Armored Division, Fort Bliss, TX, on 14 January 2010.


2.  On 9 November 2010, the applicant was counseled by his immediate commander on deficiencies in his conduct.  Specifically, his commander noted that on 19 July 2010 he had been hospitalized after attempting to overdose.  On 27 July 2010, he had been discharged from the hospital with diagnoses of generalized anxiety disorder and adjustment disorder with depressed mood.  On 7 October 2010, he had been hospitalized again after attempting to overdose.  On 1 November 2010, he had been discharged with a diagnosis of depression.  The commander stated he had previously told the applicant of the importance of having a good friend to talk to at any time of day when he was having difficulties in his personal or professional life.  If he could not find a positive outlet, he would continue to be at risk of resorting to self-destructive behaviors and he would not be able to continue to serve in the Army.

3.  On 16 November 2010, the applicant underwent a mental status evaluation at Fort Bliss.  The examining physician diagnosed him with a "depressive disorder, not otherwise specified, with cluster C traits" and stated he did not have a psychiatric condition that warranted disposition through medical channels, met the retention requirements of Army Regulation 40-501 (Standards of Medical Fitness), and did not require a medical board.  He stated the applicant had a history of depression, exhibited a decreased tolerance for ridicule, and his communication style often led to frustration and distress.

4.  The examining physician cleared the applicant for any administrative action the command deemed appropriate.  He also stated his condition was a long-standing disorder of character, behavior, and adaptability that is of such severity so as to preclude further military service.

5.  On 14 December 2010, the applicant was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 5-17, other designated physical or mental conditions.  The commander stated the reason for the action was because the applicant was unfit for duty due to a personality disorder or other mental condition that did not amount to a disability.  He also stated he was recommending the applicant receive an honorable discharge.

6.  On 14 December 2010, he acknowledged notification of the proposed discharge from the Army.  On 15 December 2010, he consulted with legal counsel and he was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and of the procedures and rights that were available to him.  He elected not to submit a statement in his own behalf.


7.  On 15 December 2010, his senior commanders recommended approval of the applicant's separation action with an honorable discharge.

8.  On 15 December 2010, the separation authority approved his separation under the provisions of Army Regulation 635-200, paragraph 5-17, with an honorable discharge.  

9.  The DD Form 214 he was issued confirms he was honorably discharged on 23 December 2010, under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a condition, not a disability.  He completed 1 year, 4 months, and 26 days of net active service.  Item 26 (Separation Code) of this form contains the entry "JFV" and item 27 contains the entry "3."

10.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that a Soldier may be separated on the basis of other physical or mental conditions not amounting to disability that interferes 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.

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 codes to be entered on the DD Form 214.  It states that the SPD code of "JFV" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated under these provisions with an SPD code of "JFV."

12.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 shows the RE codes and states in pertinent part:

	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. (emphasis added)
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was diagnosed with a depressive disorder, a condition not amounting to disability that interfered with his ability to perform his military duties.  Accordingly, his commander initiated separation action against him.  His separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reason for separation were therefore appropriate considering all the facts of the case. 

2.  The evidence of record shows he was separated under the provisions of Army Regulation 635-200, paragraph 5-17, with an SPD code of "JFV."  Based on his separation under this provision, he was appropriately assigned an RE code of "3" at the time of discharge.  An RE code of "3" is the correct code for Soldiers separated by reason of condition, not a disability.  Therefore, he is not entitled to the requested relief.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to change his RE code, this does not mean that he is permanently disqualified from reentering military service.

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)                                         AR20120008265



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ABCMR Record of Proceedings (cont)                                         AR20120008265



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