IN THE CASE OF:	  

		BOARD DATE:  27 August 2013

		DOCKET NUMBER:  AR20130001009 


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 a change of his reentry eligibility (RE) code from RE-3 to RE-1.

2.  The applicant states he never had nor was he ever treated for any symptoms that Fort Jackson said he had.  He believes the diagnoses were wrong.  He is unable to reenter military service and serve his country in the Army National Guard (ARNG) or the U.S. Army Reserve (USAR) with his current RE code.  He further states he was told he could reenter military service after 6 months following his discharge date.  He has discussed this with a number of recruiters and they all stated that due to related entries on his DD Form 214 (Certificate of Release or Discharge from Active Duty) he cannot be accepted into the military.

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 20 April 2010.  He did not complete initial entry training and he was not awarded a military occupational specialty.

2.  His medical documents are not available for review.

3.  The applicant's record contains a memorandum from his company commander, subject:  Separation Under Army Regulation 635-200 (Active Duty 


Enlisted Administrative Separations), paragraph 5-17, Other Designated Physical or Mental Conditions, wherein his commander advised him that he was initiating action to separate him from the Army.  It states the applicant was evaluated by the Community Mental Health Services on 20 July 2010.  He was evaluated because of the inability to sleep, depression, lack of concentration, and he was unmotivated and tired.  His symptoms had progressively worsened and he had admitted thoughts of suicide.  The memorandum stated he was mentally competent to understand and participate in any administrative action deemed appropriate by the command.  His symptoms were not likely to improve and could have worsened in the training environment.  His commander recommended he receive an honorable discharge.

4.  On 26 August 2010, the applicant acknowledged receipt of the memorandum of notification and that he had been advised of his right to consult with counsel prior to making any election of rights.

5.  On 26 August 2010, he acknowledged he had been advised by his consulting counsel of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17, and its effects, the rights available to him, and the effect of a waiver of those rights.

6.  On 31 August 2010, he acknowledged he had been given the opportunity to receive an administrative briefing from Trial Defense Service personnel regarding the basis for his contemplated separation and its effects, the rights available to him, and the effect of a waiver of those rights.  He acknowledged he voluntarily, knowingly, and intelligently waived the opportunity to speak with counsel.  He chose not to submit a statement in his own behalf.

7.  After careful consideration of all matters, the proper separation authority approved the separation action under the provisions of Army Regulation
635-200, paragraph 5-17 with an honorable discharge.

8.  On 16 September 2010, he was discharged accordingly.  The DD Form 214 he was issued at the time shows in:

* item 25 (Separation Authority) the entry Army Regulation 635-200, paragraph 5-17
* item 26 (Separation Code) the entry "JFV"
* item 27 (RE Code) the entry "3"
* item 28 (Narrative Reason for Separation) the entry "condition, not a disability"


9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides for the separation of Soldiers on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty.  Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired.  It further states when a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation in accordance with Army Regulation 40-501 (Standards of Medical Fitness).  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:

* item 25, enter the regulatory or statutory authority cited in directives authorizing separation
* item 26, enter the proper separation program designator (SPD), representing the reason for separation in Army Regulation 635-5-1
* item 27, refer to Army Regulation 601-210 for reenlistment eligibility codes to be entered on the DD Form 214
* item 28, enter the reason for separation shown in Army Regulation
635-5-1 based on the regulatory or statutory authority

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.  It states that the SPD code JFV 
is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17 by reason of "condition, not a disability."  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFV.

12.  Army Regulation 635-200 further states 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 and processing into the RA and the USAR.  Table 3-1 included a list of the RA RE codes:

	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.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  His contentions are noted.  However, his record shows an evaluation determined he had an inability to sleep, depression, lack of concentration, and was unmotivated and tired.  Evidence shows he was properly processed for separation due to a condition that was not a disability.  As such, there is no evidence of an error in assignment of his reason for separation or RE code.

2.  He was involuntarily separated under the provisions of Army Regulation
635-200, paragraph 5-17, the assigned RE-3 code was and still is appropriate.  He was disqualified from reenlistment, but the disqualification is waivable.

3.  While the applicant's desire to reenter military service is commendable, this is not a basis for changing his properly-assigned RE code.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.





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)                                         AR20130001009



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001009



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1