IN THE CASE OF:	

		BOARD DATE:	    5 November 2013

		DOCKET NUMBER:  AR20130004020 


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 her reentry eligibility (RE) code of "3" be changed to an RE code of "1."  

2.  The applicant states she believes her RE code of "3" was assigned in error because she received an honorable discharge.  She would like her RE code changed so she can serve in the U.S. Army Reserve (USAR).

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 August 2009.

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.  On 12 May 2008, she enlisted in the Regular Army (RA).  She completed basic combat and advanced individual training and was awarded military occupational specialty 31B (Military Police).  On 22 October 2008, she was assigned to the 944th Military Police Company at Fort Riley, KS.

3.  On 20 July 2009, the applicant's commander notified her that he was initiating action to separate her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions) for a designated physical or mental condition not amounting to disability.  The commander stated the reason for his proposed separation action was her having been diagnosed by Mental Health with an adjustment disorder.  

4.  The commander also advised the applicant of her right to: 

* consult with legal counsel prior to completing her acknowledgement
* submit a statement in her own behalf 
* obtain copies of documents that would be sent to the separation authority
* waive any of these rights
* withdraw any waiver at any time prior to the separation authority approving her separation

5.  The applicant consulted with counsel and waived her rights.

6.  On 27 July 2009, the applicant's commander recommended her for separation under the provisions of paragraph 5-17 of Army Regulation 635-200.

7.  The appropriate authority approved the recommendation for discharge and directed she be furnished an Honorable Discharge Certificate.

8.  On 5 August 2009, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-17.  She had completed 1 year, 2 months, and 24 days of active service.  Her DD Form 214 shows in:

* Item 26 (Separation Code) the separation program designator (SPD) code "JFV"
* Item 27 (Reentry Code) the RE code "3"

9.  Army Regulation 635-200, paragraph 5-17, provides commanders with the authority to approve separations on the basis of other physical or mental conditions not amounting to disability and excluding those personnel who did not meet procurement medical fitness standards and those diagnosed with a personality disorder.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

10.  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 "JFV" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "physical condition, not a disability."  

11.  The SPD/RE Code Cross Reference Table, dated 31 March 2006, stipulates that RE code "3" will be assigned to members separated with SPD code "JFV."

12.  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 includes 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 unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The commander's recommendation for the applicant's discharge was supported by the diagnosis by Mental Health of adjustment disorder.  Therefore, the reason for her discharge and the assigned SPD code of "JFV" are correct.

2.  According to the SPD/RE Code Cross-Reference Table the appropriate
RE code for the SPD code of "JFV" is "3."  Therefore, the applicant's assigned
RE code of 3 is also correct.

3.  The applicant is advised that although her RE code of "3" was properly assigned, this does not mean that she is totally disqualified from returning to military service.  The disqualification upon which the RE-3 was based may be waived for enlistment purposes.  The applicant is advised that if she desires to enlist, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code.

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)                                         AR20130004020



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004020



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1