IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011209
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, in effect, that his Reentry (RE) code be changed from a 3 to a code that will allow him to reenter military service.
2. The applicant states that he was honorably discharged and believes he should have received a more favorable RE code especially since he has received a new diagnosis that clears him for service.
3. The applicant provides two letters from a psychologist and social worker.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 24 February 2003 for a period of 3 years, training as a combat engineer, and assignment to Fort Benning, Georgia. He completed his one-station unit training at Fort Leonard Wood, Missouri and was transferred to Fort Benning for his first and only duty assignment. He was advanced to the pay grade of E-4 on 1 September 2004.
3. Although the period of deployment is not indicated in the available records, the applicant deployed to Iraq with his unit. The applicant discovered that his fiance had sex with his best friend and made a suicidal gesture by attempting to discharge his weapon into himself and then attempted to harm another Soldier by attempting to take another Soldiers weapon and attempting to kill himself. He was medically evacuated to Landstuhl Regional Medical Center in Germany and then to Walter Reed Army Medical Center (WRAMC) for psychiatric evaluation.
4. On 21 March 2005, a mental health evaluation was conducted at WRAMC for suicidal/homicidal thoughts/actions in context of occupational stressors, military stressors (military lifestyle/deployment to Iraq) and social stressors (relationship problems). The examining psychiatrist recommended expeditious discharge under Army Regulation 635-200, paragraph 5-18.
5. On 18 May 2005 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-18 for a physical condition not a disability. He was issued a separation code of JFV and a RE code of 3.
6. 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 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.
7. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was separated under the provisions of Army Regulation 635-200, chapter 5; therefore, he was properly assigned an RE code of RE-3 in accordance with the applicable regulations.
3. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE code at the time of his separation or that there is an error or injustice in his case.
4. He is not precluded from applying for a waiver of his RE code at a nearby recruiting office if he is otherwise qualified and the needs of the Army at the time justify his return to service; however, there is no basis for the Board to change his RE code at this time.
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) AR20120011209
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