BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120013488 


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 his reentry eligibility (RE) code as "1" so he may reenter the military.

2.  He states his narrative reason for separation states "condition, not a disability."  He maintains he does not have any medical issues, personality or mood disorders, or any limitations or disabilities that would prevent him from serving in the military or civilian work force.  He says he would like to complete 30 years of service in the military.  He adds that he passed his physical and the Armed Services Vocational Aptitude Battery test.  He offers he is perfectly fit for military duty per information provided by a psychiatrist.

3.  He provides the following:

* DD Form 214
* Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, discharge packet
* New Jersey driver's license
* Department of Defense/Uniformed Services Identification and Privilege Card
* social security card
* two supporting statements, dated 4 August 2011 and undated


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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army (RA) on 25 June 2007.

3.  On 21 March 2008, he underwent a mental status evaluation in which the psychiatrist diagnosed him with an "adjustment disorder with disturbance of emotion and conduct."  He said the results of the evaluation and review of the applicant's mental health record revealed significant depressive symptoms related to family and job issues.  These issues have resulted in difficulty functioning as an active duty Soldier in the Army.  His depressive symptoms and past and continued treatment efforts were preventing him from adequately fulfilling his military duties.  Consequently, separating him from the military appeared to be in the best interest of the applicant and the Army.  The psychiatrist further stated an adjustment disorder involves the development of emotional or behavioral symptoms in response to an identifiable stressor that were in excess of what would be expected and that caused significant impairment in social and/or occupational functioning.  He was cleared for administrative or judicial actions deemed appropriate by the command.

4.  On 13 July 2008, his unit commander notified him of the intent to recommend him for separation under the provisions of Army Regulation 635-200, paragraph 5-17, due to his diagnosis of an "adjustment disorder with disturbance of emotions and conduct."

5.  On 15 July 2008, he consulted with military counsel.  After being advised of the basis for the contemplated separation action, its effects, and the rights available to him, he elected not to submit a statement in his behalf.  He acknowledged he understood he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued.  He further acknowledged he understood if he received a less than honorable discharge he may apply to the Army Discharge Review Board (ADRB) or to the ABCMR for an upgrade of his discharge.  He also acknowledged he understood an act of consideration by either board did not imply his discharge would be upgraded.

6.  On 6 August 2008, the separation authority approved his recommendation for discharge under the provisions of Army Regulation 635-200, paragraph 5-17, and directed the issuance of an Honorable Discharge Certificate.

7.  His DD Form 214 shows he was discharged on 21 August 2008 under the provisions of Army Regulation 635-200, paragraph 5-17, for a condition, not a disability.  Item 26 (Separation Code) shows he was assigned a separation program designator (SPD) code of "JFV" and item 27 (Reentry Code) shows he was assigned an RE code of "3."  He was credited with completing 1 year, 1 month, and 27 days of active service.

8.  He provided a statement from a medical doctor that said the applicant was seen at their medical clinic by a medical doctor and a psychiatrist.  Based on their evaluation, he believes the applicant is physically and mentally fit for military duty.  He offered that a psychiatrist determined the applicant did not have a mood disorder and the adjustment disorder was more of an expected reaction to a stressful situation.  He stated the applicant can handle stress like any other individual.  Additionally, he provided a letter from a colleague who expounded on his technical skills and strong moral character and opined that the applicant will be a valuable asset in any technical environment.

9.  Army Regulation 635-200 provides the Army's enlisted personnel separation policy.  Paragraph 5-17 provides for separating members for physical or mental conditions not amounting to disability, which includes those members suffering from a disorder 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 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.  The RE code of "3" applies to persons separated from their last period of service with a waivable disqualification.

11.  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.  The SPD code of "JFV" applies to Soldiers separated for a condition, not a disability.

12.  The SPD/RE Code Cross Reference Table states that when the SPD code is "JFV," an RE code of "3" will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be changed so he may be eligible to reenter the military was carefully considered.  However, there is insufficient evidence to support his contention.

2.  He maintains that he does not have any medical issues, personality or mood disorders, or any limitations or disabilities that would prevent him from serving in the military or civilian work force.  However, the evidence of record shows the applicant underwent a mental evaluation on 21 March 2008 and a competent psychiatrist diagnosed him with "adjustment disorder with disturbance of emotion and conduct."  Therefore, the statement provided by a medical doctor 3 years later is not sufficient as a basis to approve his request.

3.  By regulation, members separated by reason of a physical condition, not a disability, under the provisions of Army Regulation 635-200, paragraph 5-17, are assigned an SPD code of "JFV" and an RE code of "3."  Therefore, the SPD and RE codes assigned to the applicant are in conjunction with his narrative reason for separation and they are appropriate and remain valid.

4.  The applicant is advised that although no change to his RE code is recommended, this does not mean he is being denied reentry into the military.  While an RE-3 does apply to persons who are not considered fully qualified for reentry or continuous service, there are provisions for a waiver of the disqualification.  If he desires to enlist, he should contact a local recruiter to determine his eligibility.  Those individuals can best advise a former service member as to the needs of the Army at the time and are required to process RE code waivers.

5.  In view of the foregoing, there is no basis for granting his request.


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 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)                                         AR20120013488



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ABCMR Record of Proceedings (cont)                                         AR20120013488



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