IN THE CASE OF:	  

		BOARD DATE:	    5 September 2013

		DOCKET NUMBER:  AR20130003064 


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 the reentry (RE) code of 3 on her 
DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states she believes the RE code of 3 is unjust.  She had personal issues with her husband at the time, but she is now divorced.  They fought, and the military police were called on various occasions because their fights got out of hand.  They lived on base and she was escorted to stay in the barracks on numerous occasions.  She believes at the time her husband was a big portion of the problem.  He had become a nuisance to her chain of command, making threats, making her job very difficult, and putting her job in jeopardy.  She was in individual counseling and anger management because her problems basically stemmed from her husband at that time.  She does not think her discharge needs to be changed because she agrees with the honorable characterization of service.  She just thinks the RE code of 3 is unjust.  She knows for a fact her chain of command did not like her husband.  He just caused too many problems.  She believes that had they separated a long time ago, she would have remained in the military to this very day and her situation would have greatly improved.

3.  The applicant provides no additional documentation.





CONSIDERATION OF EVIDENCE:

1.  On 2 May 2006, the applicant enlisted in the Regular Army (RA).

2.  The applicant's records show she completed her initial training at Fort Leonard Wood, Missouri and Redstone Army Arsenal, Alabama.  She was subsequently assigned to the Republic of Korea where she performed duty as an ammunition specialist.  In December 2007, she was reassigned to Fort Bragg, North Carolina.

3.  On 1 February 2008, the applicant was advanced to the rank of specialist, pay grade E-4.

4.  On or about 27 July 2009, the applicant was command referred to behavior health where she was diagnosed with intermittent explosive disorder.  On 
4 October 2010, she was reevaluated and re-diagnosed with the same disorder.  The applicant had been afforded time to rehabilitate but showed no progress and was unable to perform her duties.

5.  On 6 January 2011, the applicant's commander recommended that she be administratively separated pursuant to Army Regulation 635-200 (Personnel Separations), paragraph 5-17 for other designated physical or mental conditions, with an honorable characterization of service.

6.  On 10 February 2011, the appropriate separation authority approved the recommendation and directed the applicant be discharged from the U.S. Army with an honorable characterization of service.  She was not to be transferred to the U.S. Army Reserve.

7.  On 6 April 2011, the applicant was accordingly discharged.  She was assigned a separation program designator (SPD) code of JFV and an RE code of 3.  Her character of service was honorable.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that specified commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to a disability that potentially interfere with assignment to or performance of duty.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes.  An RE code of 
3 applies to persons separated from their last period of service with a waivable disqualification.  

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214.  The SPD code of JFV was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 5-17, for a condition, not a disability.

11.  The SPD/RE Codes Cross-Reference Table provides instructions for determining the RE code for Active Duty and Reserve Component Soldiers.  It provides that SPD Code JFV requires a corresponding RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to change her RE code because she believes it is unjust.

2.  The available evidence shows the applicant was separated from the military due to being diagnosed with an intermittent explosive disorder which prevented her from performing her military duties.

3.  The RE code of 3 established her enlistment/reenlistment ineligibility without a waiver.  The assigned RE code was correctly entered on her separation document in accordance with the governing regulations.

4.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the assigned RE code.  The applicant’s contention that the RE code is unjust has been considered.  However, she has not provided any evidence or a convincing argument to substantiate her contention.

5.  In view of the above, the applicant's request should be denied.





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)                                         AR20130003064



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ABCMR Record of Proceedings (cont)                                         AR20130003064



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