IN THE CASE OF:	  

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130002588 


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

2.  The applicant states he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, by reason of a condition, not a disability (personality disorder, uncharacterized).  He is not an at risk Soldier, he does not show any signs of wanting to hurt himself or others, he is fully mission capable, and he wants to reenter military service.

3.  The applicant provides:

* Standard Form (SF) 600 (Medical Record - Chronological Record of Medical Care), dated 22 August 2012.
* DA Form 3822 (Report of Mental Status Evaluation), dated 19 November 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 January 2012 and he held military occupational specialty 91B (Wheeled Vehicle Mechanic).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.

2.  His record contains a DA From 4856 (Developmental Counseling Form), dated 24 September 2012, that shows he was counseled because he was being recommended for separation in accordance with Army Regulation 635-200, paragraph 5-17.  The proposed separation was recommended by a medical officer at the Brigade Behavior Health facility based on his mental health condition.

3.  On 10 October 2012, he underwent a behavioral health evaluation.  His DA Form 3822 shows he was being evaluated for a proposed separation in accordance with Army Regulation 635-200, paragraph 5-17, 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 presented with a poor prognosis for full rehabilitation in an expeditious manner.  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.

4.  On 19 November 2012, 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 medical official 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.  His military doctor stated the "Soldier shows signs of adverse feelings to the army.  Soldier no longer wants to be in the army and had shown some high risk behavior."  The pertinent diagnosis was that of an adjustment disorder with depressed mood.  He was psychiatrically cleared for any administrative actions deemed appropriate by his command.

5.  On 27 November 2012, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "other designated physical or mental conditions."  The immediate commander stated the applicant had been diagnosed with an adjustment disorder with depressed mood.  He recommended an honorable discharge.

6.  On 27 November 2012, 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 he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him.

7.  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.

8.  On 29 November 2012, 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.

9.  On 12 December 2012, the applicant was accordingly discharged.  He completed 10 months and 26 days of creditable active service.  His DD Form 214 shows in:

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

10.  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.

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 JFV is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17 by reason of a 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 Regular Army (RA) and the U.S. Army Reserve (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.

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 condition, not a disability.  In the 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 and the corresponding RE-3 code.  His assigned RE code was and remains valid.

2.  In view of the foregoing, there is no basis for granting the applicant's 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 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 military service he should contact a local recruiter who can best advise a former service member as to the needs of the Army at the time.  They are also responsible for submitting waivers for enlistment, as appropriate.

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)                                         AR20130002588



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ABCMR Record of Proceedings (cont)                                         AR20130002588



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