IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120013983 


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 reentry eligibility (RE) code 3 to an RE-1 or a more favorable RE code so he may reenter the military.

2.  The applicant states he believes the record to be unjust based on his history with mental health and the time he served.  The RE code should not be 3.

	a.  During his military service, his wife was unable to join him because she was a full-time student as well as a caregiver for her disabled mother and brothers.  This caused her stress and depression.  He felt his hands were tied and reached out to the chaplain.  This led him to admittance at a mental health facility.  He was told he could stay in the military or be discharged but nothing was mentioned about the RE code.  A military lawyer told him he could enlist 6 months after his discharge.  He was a good Soldier with no negative counseling or reprimand.

	b.  He feels his separation code and RE code are both incorrect.  After having been assessed by a psychiatrist, it was determined that he did not suffer from an adjustment disorder or any mental issues.  Since his discharge, he has been helping his wife take care of the family.  He has also applied to different police departments, but he has had difficulties because he did not finish his enlistment contract.

	c.  His premature separation left him with a void because he loved being a Soldier.  He feels he has failed the people he vowed to protect and serve.  He would like a second chance.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* statement from a medical doctor
* letter of support

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 14 April 2010 and he held military occupational specialty 11B (Infantryman).  He was assigned to the 4th Battalion, 6th Infantry, 4th Brigade Combat Team, Fort Bliss, TX.

2.  On 31 January 2011, he underwent a behavioral health evaluation by reason of being unfit for duty due to a personality disorder or other mental condition that did not amount to a disability.  The military doctor stated the applicant felt depressed and anxious with suicidal thoughts in the midst of military stressors.  The military doctor did not find any mental health problems that required disposition through medical channels.  His behavior was normal, thinking process was clear, and thought content was normal.  He had the capacity to understand and participate in administrative proceedings.  The pertinent diagnosis was that of an adjustment disorder with anxiety and depressed mood.  He was psychiatrically cleared for any administrative actions deemed appropriate by his command.

3.  On 19 April 2011, he underwent a second behavioral health evaluation by reason of being unfit for duty due to a personality disorder or other mental condition that did not amount to a disability.  The licensed clinical social worker did not find any mental health problems that required disposition through medical channels.  His behavior was normal, thinking process was clear, and thought content was normal.  He had the capacity to understand and participate in administrative proceedings.  The pertinent diagnosis was that of an adjustment disorder with anxiety and depressed mood.  He was psychiatrically cleared for any administrative actions deemed appropriate by his command.

4.  On 24 May 2011, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under paragraph 5-17 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of "other designated physical or mental conditions."  The immediate commander stated the applicant had been diagnosed with an adjustment disorder with anxiety and depressed mood.  He recommended an honorable discharge.

5.  On 24 May 2011, the applicant acknowledged receipt of the separation notification memorandum and subsequently consulted with legal counsel.  He was advised of the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights.  He acknowledged he understood that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him.

6.  Subsequent to this acknowledgement and legal consultation, the applicant's immediate commander initiated separation action against him under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other designated physical or mental conditions.

7.  On 26 May 2011 consistent with the chain of command's recommendations, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other designated physical or mental condition with an honorable discharge.  The applicant was accordingly discharged on 15 June 2011.

8.  His DD Form 214 shows he was honorably discharged on 15 June 2011 under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "condition, not a disability."  This form shows he completed 1 year, 2 months, and 2 days of creditable active military service and the following:

* item 26 (Separation Code), the entry "JFV"
* item 27 (Reentry Code), the entry "3"

9.  A medical statement from a Dr. N____ H____, a civilian psychiatrist, dated 30 April 2012, states the applicant had been seen in her office since 25 January 2012.  He is diagnosed with anxiety, not otherwise specified.  At the present, he does not meet the criteria for a major depressive or adjustment disorder which he had been diagnosed with in January and March 2011, respectively.  He related that he has not been on medication since April 2011.  He has also abstained from any alcohol use for that same period.  His current anxiety is about not being able to pursue his dream of serving in the military due to past hospitalization.

10.  A statement from an acquaintance, dated 21 May 2012, states she has known the applicant for approximately 3 years.  He is an outstanding and a highly-skilled individual.  He has a very positive mindset and he is always motivated.  He never caused any problems in the military and never even had any negative counseling.  He is a reliable individual who shows respect to all those around him.

11.  Army Regulation 635-200, paragraph 5-17, states commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere 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 which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.

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, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of RE codes.

* an RE-1 applies to Soldiers completing their terms of active service who are considered qualified for enlistment if all other criteria are met
* an 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 unless a waiver is granted

13.  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 code to be entered on the DD Form 214.  It identifies SPD code JFV as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-17, based on a condition, not a disability.

14.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper RE code to assign to Soldiers separated with SPD code JFV.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms he was separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  In absence of evidence to the contrary, it is presumed he was diagnosed with an adjustment disorder by competent military medical authorities. 
It further shows that based on this authority and reason for separation he was appropriately assigned SPD code JFV in accordance with the applicable regulation.  He was assigned a corresponding RE code 3.  His assigned RE code was and remains valid.

2.  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 his RE code, this does not mean that he is disqualified from reentering military service.  An RE code 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.  If the applicant still desires to reenter the Army, he should contact a local recruiter who can best advise a former service member as to the needs of the Army at the 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 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)                                         AR20120013983



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ABCMR Record of Proceedings (cont)                                         AR20120013983



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