IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130015366 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing his separation program designator (SPD) code and reentry (RE) code 3 to something acceptable for reentering military service.

2.  The applicant states he was 19 years of age.  He had a previous injury that was re-injured and he was in pain.  It interfered with his performance.  He contends that in explaining himself prior to discharge he should not have agreed to the word depression.  He believes more accurate wording would have been extremely disappointed; discouraged about being hurt; extremely discouraged about his situation.  He believes his experience was situational.

3.  The applicant provides copies of:

* DD Form 214 (Member 4 copy)
* 2-page timeline of events from 13 February to 22 March 2013
* Palm Bay Hospital Operative Report, dated 28 March 2013
* Standard Form 600 (Chronological Record of Medical Care) dated from    13 February to 18 March 2013
* Letter, Freedom Counseling Ministries, Inc, dated 29 August 2013



CONSIDERATION OF EVIDENCE:

1.  On 5 February 2013, the applicant enlisted in the Regular Army.  He was subsequently assigned to Fort Jackson, SC for basic combat training.

2.  On 22 February 2013, the applicant underwent a mental health evaluation.  He was found to have no cognitive impairments.  He was cooperative.  His perceptions were normal.  He was unlikely to be impulsive and did not exhibit suicidal or homicidal thoughts or intentions.  He was able to understand and participate in administrative proceedings.  He could appreciate the difference between right and wrong.  He met medical retention standards and did not qualify for a medical evaluation board.  He was diagnosed with an adjustment disorder with depressed mood.  He had shoulder pain.  He was found to meet the psychiatric criteria for expeditious administrative separation in accordance with, Army Regulation 635-200, paragraph 5-17.

3.  A DA Form 4856 (Developmental Counseling Form), dated 25 February 2013, indicates that the company commander counseled the applicant to inform him that he concurred with the recommendations of his drill sergeant, first sergeant, and his medical providers concerning his medical condition and separation under the regulatory provisions cited above.  The applicant indicated on the form that he agreed with the counseling.

4.  On 7 March 2013, the applicant's commander informed him that he was initiating action to separate him from the service under the provisions cited above due to other designated physical or mental conditions.  The reason for this action was his diagnosis of an adjustment disorder with depressed mood.

5.  On 7 March 2013, the applicant acknowledged the commander's action.  The applicant waived consideration of his case by an administrative board, did not submit a statement in his own behalf, and waived consulting counsel and representation.

6.  On 8 March 2013, the applicant’s commander submitted his recommendation as discussed above.

7.  On 11 March 2013, the appropriate authority approved the recommendation for separation and directed that his service be uncharacterized due to his being in entry-level status.  He further directed that the applicant not be transferred to the Individual Ready Reserve (IRR).

8.  Accordingly, he was discharged on 22 March 2013.  His service was uncharacterized.  He had completed a total of 1 month and 18 days of creditable active duty service.  His DD Form 214 indicates:

	a.  he did not complete any military training and was not awarded a military occupational specialty;

	b.  he was given an SPD code of JFV;

	c.  he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17 due to a condition, not a disability; and

	d.  he received an RE code 3.

9.  Army Regulation 635-200 (Personnel Separations):

	a.  Paragraph 5–17 provides for the separation of individuals due to other designated physical or mental conditions that do not amount to a disability.

	b.  Entry level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.

10.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (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.  RE- 3 applies to persons separated from their last period of service with a waivable disqualification.  

11.  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.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper RE code to assign to Soldiers for this reason.

12.  The Palm Bay Hospital Operative Report, dated 28 March 2013, reports that the applicant underwent a surgical procedure to remove  a plate and screws from his right shoulder.  The bone was scraped to remove calcifications.  The platysma muscle, with the clavicular and subcutaneous tissues, were closed together.  There were no complications and the applicant was taken to the recovery room.

13.  On 29 August 2013, a licensed mental health counselor stated in a letter of support for the applicant that she had met with the applicant to specifically ascertain the nature of any depression which would impair his effectiveness in the military.  She determined that the applicant's appearance, behavior, mood, and cognitions were within normal limits.  He showed no signs of depression.  He presented himself as a determined and courageous young man who serves others and would serve the military well.  She stated he would not require ongoing assistance in counseling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his SPD code and reason for separation should be changed to an acceptable code and reason for reentering military service.

2.  The available evidence of record clearly shows that the applicant was diagnosed with an adjustment disorder with a depressed mood.

3.  The applicant has not made any argument that convincingly shows that what the Army did was wrong.  He has not shown any injustice or error in connection with the circumstances of his discharge.

4.  The SPD code and RE-3, establishing his ineligibility for enlistment/ reenlistment without waiver, were correctly entered on his separation document in accordance with governing regulations.

5.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for his SDP code JFV and RE-3.

6.  The applicant is advised that his RE-3 is waivable.  If he desires to reenter military service, he should take his recent medical documents and DD Form 214 to a military recruiter who can then make the appropriate requests for approval of a waiver.

7.  In view of the foregoing, 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)                                         AR20130015366





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ABCMR Record of Proceedings (cont)                                         AR20130015366



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