BOARD DATE:  10 July 2014

		DOCKET NUMBER:  AR20130020979 


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.

2.  The applicant states that:

	a.  There is nothing in her records that states she was depressed prior to her military service. She was going through a hard time dealing with her mother having breast cancer and her (the applicant) getting married to an older man.  She went to the Counseling and Mental Health Services (CMHS) at Fort Jackson, and made up a story that she had a history of depression and that she lied about it when she enlisted.  She was never diagnosed with depression, but she did have situational anxiety.  She was never suicidal.  She said she did it to expedite her departure from the Army.  

	b.  She is a different person at 23 than she was at 18.  She separated from her older husband and she is in a better mindset and would like to complete what she started and not have her young and immature decision haunt her for the rest of her life.

3.  The applicant provides a copy of her DD Form 214 Worksheet and prior service medical Progress Notes showing assessments of acne and anxiety disorder.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 July 2008.  She did not complete training and was not awarded a military occupational specialty.

2.  A 14 October 2008 DA Form 3822-R (Report of Mental Status Evaluation) shows:

	a.  Impressions:  She had the mental capacity to understand and participate in the proceedings; she was mentally responsible.  She was a self referral with depressive disorder.

	b.  Proposed Treatments:  Treatment at this time is not deemed to be appropriate by any military treatment facility.

	c.  Precautions:  She was considered to be potentially dangerous to herself.

	d.  Fitness and Suitability for Continued Service:  She was psychiatrically cleared for administrative action deemed appropriate by command.  She was determined to not meet medical retention standards and will be referred to the Physical Evaluation Board for administrative adjudication.

3.  A 14 October 2008 DA Form 4707 (Entrance Physical Standards Board (PSBD) Proceedings) shows the applicant had:

	a.  Reported a past history of depression.  She was diagnosed with depression and placed on Zoloft in 2006 and last took her medicine in June 2008.  (A telephone call to her mother verified the past mental health treatment, medications and diagnosis.) 

	b.  She was diagnosed with Depressive Disorder, existed prior to service (EPTS) by history.

	c.  It was recommended she be referred to a Medical Evaluation Board for  expeditious separation for not meeting medical procurement standards.  The disorder was so severe it prohibited her ability to effectively perform military duties.

	d.  The Medical Approving Authority approved the recommendations.

	e.  The applicant concurred and requested discharge without delay.

4.  On 29 October 2008, the applicant's immediate commander notified her of his intent to initiate separation action against her under the provisions of paragraph 5-11, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for Failure to Meet Procurement Medical Standards.  The reason for separation was her diagnosis of depressive disorder, EPTS.  On the same date the applicant acknowledged receipt of the separation notification memorandum.

4.  The applicant consulted with legal counsel.  She was advised of the basis for the contemplated separation action and its effects, the rights available to her, and the effect of a waiver of her rights.  She acknowledged she understood that she may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to her.  She elected not to submit a statement on her own behalf.

5.  On 18 November 2008, the separation authority approved the applicant's discharge with an uncharacterized characterization of service.  The applicant was accordingly discharged on 21 November 2008.  She had completed 4 months and 19 days of active service.  Her DD Form 214 shows the following:

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

6.  On 16 November 2012, the Army Discharge Review Board (ADRB) denied her request for a change in her discharge.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 states Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty, active duty training, or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of RE codes.

* an RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable – they are ineligible unless a waiver is granted

9.  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 code to be entered on the DD Form 214.  It identifies SPD code JFW as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-11, based on failed Medical/Physical/Procurement standards.

10.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established the RE code of 3 as the proper RE code to assign to Soldiers separated with an SPD code JFW.

DISCUSSION AND CONCLUSIONS:

1.  She provides pre-service medical Progress Notes showing assessments of acne and anxiety disorder.  

2.  The 14 October 2008 separation proceedings show the applicant had reported a past history of depression.  She was diagnosed with depression and placed on Zoloft in 2006 and last took her medicine in June 2008.  A telephone call to her mother verified the past mental health treatment, medications and diagnosis.  

3.  She concurred with the proceedings and requested discharge without delay.

4.  The available evidence shows she was appropriately separated and assigned the corresponding RE code 3 based on her reason for separation.  

5.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20100022411



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ABCMR Record of Proceedings (cont)                                         AR20130020979



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