IN THE CASE OF:	  

		BOARD DATE:	   14 October 2014

		DOCKET NUMBER:  AR20140001282 


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 that the character of his service be changed from uncharacterized to honorable.  He also requests that his reentry eligibility code (RE code) be changed to 1.

2.  The applicant states:

* he failed medically for not disclosing the fact that he successfully completed a voluntary rehabilitation program in September 2011
* it had been ample time since he was released from the physician's care upon successfully completing [the program]
* he would like the opportunity to complete the task that he started
* in the past 3 years, he has worked hard to make a better life for himself by obtaining a fantastic job, learning from his mistakes, and staying in shape
* according to the Air National Guard's Re-enlistment Guide his only option is to have his RE code changed
* he should not have to pay for a mistake that he made many years ago when he can be of use to the greatest military in the world

3.  The applicant provides a letter and two character references.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army (RA) on 23 March 2011.  
2.  The applicant's record contains a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 22 April 2011, which shows in item 8 (Findings by the Evaluating Physicians):

	a.  a 24-year-old male in his 4th week of basic training was identified as having an Existed Prior to Service (EPTS) condition on 11 April 2011.

	b.  History of EPTS Condition:  This 24-year-old initial entry for training Soldier was evaluated at Community Mental Health Services for self-reported complaints of depression and anxiety, not being able to tolerate the stress of the basic training environment, and feeling he could not continue in training.  He reports a history of mental health treatment.  Written records were obtained from White Deer Run Cove Forge Behavioral Health of Allenwood, PA, from 2010, which documented that the Soldier had previously been diagnosed with an Opioid dependence and anxiety disorder.  He had been prescribed Seroquel and Celexa, and he had been in an in-patient drug rehabilitation hospital for 30 days in the fall of 2010.  The Soldier reported he had been doing well shortly before his arrival at Fort Benning, but in the stress of the Basic Training environment his previous symptoms of mental illness returned.  He denied suicidal or homicidal ideation.  He had no signs or symptoms of psychosis or mania.

	c.  Subjective findings:  As stated above.

	d.  Objective findings:  Patient was alert and cooperative.  His speech was normal and his eye contact was fair.  His mood was dysphoric and his affect was restricted.  He denied having current active suicidal plans or intent, or homicidal thoughts at that time.  His thought process was linear and goal directed, and there were no current delusions or hallucinations.  His intelligence was within the average range.  His insight and judgment was adequate at that time.  He was mentally competent to participate in administrative proceedings.

	e.  Diagnosis:  Axis I:  Opioid dependence, by history, EPTS and anxiety disorder, by history, EPTS.

	f.  Disposition:  He did not meet the medical fitness standards for enlistment in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-27.  It was recommended he be separated from the military in accordance with Army Regulation 635-200, paragraph 5-11.

	g.  the reverse side of the DA Form 4707, dated 29 April 2011, which shows he concurred with his signature that in:  

		(1)  Item 21 (Action by Service Member), he had been informed of the medical finding, understood that legal advice of an attorney employed by the Army was available to him or he could consult with civilian counsel at his own expense.  He could request to be discharged without delay or request to be retained and involuntarily reclassified into another military occupational specialty based on his medical condition.  The applicant's record is void of any evidence he sought Army or civilian counsel.

		(2)  Item 21 that he concurred with the proceedings and requested to be discharged from the Army without delay.

		(3)  Item 25 (Action by Unit Commander) Service Member will be discharged/separated from the Army.

3.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 10 May 2011, after service on active duty for 1 month and 
18 days, under the provisions of Army Regulation 635-200, paragraph 5-11, for failing medical/physical/ procurement standards, with an uncharacterized discharge.  The DD Form 214 he was issued shows in:

* Item 23 (Type of Discharge) "Discharged"
* Item 24 "Uncharacterized"
* Item 26 (Separation Code) "JFW"
* Item 27 (Re code) "3"

4.  He submitted:

	a.  a letter from White Deer Run, dated 24 June 2013, which states that he was admitted to the White Deer Run Inpatient Rehabilitation treatment facility,  from 27 September to 25 October 2010 and successfully completed the program.

	b.  two character references from a physician and an employer who indicate that the applicant learned from his mistakes, learns quickly, and would do well in the Air National Guard.

5.  On 19 February 2014, the Army Discharge Review Board disapproved the applicant's request for upgrade of his discharge. 

6.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  

	a.  Paragraph 5-11 specifically provides that 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 entry on active duty, active duty for 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 the time, and 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 has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.
   
   b.  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 RA and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes:

		(1)  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.

		(2)  RE-2 is no longer used, effective 1995.

   (3)  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.

   (4)  RE 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the SPD "JFW" as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "Failure to Meet Procurement Medical Fitness Standards" and that the authority for discharge under this SPD is "Army Regulation 635-200, paragraph 5-11."

8.  Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, separation, retirement, officer procurement programs and related policies and procedures.  Chapter 2 provides standards for medical procurement.  Paragraph 2–27 states a current or history of any condition, including, but not limited to anxiety, with or without objective signs that require limitation of physical activity or frequent treatment does not meet the standard.

9.  Army Regulation 635-200, paragraph 5-11 states that 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 entry on active duty or active duty for training for initial entry training, may be separated.  Such conditions must be discovered during the first 6 months of active duty.  The Soldier will be discharged in an entry level status with an uncharacterized service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that, while attending basic training, the applicant was diagnosed as having an opioid dependence and anxiety disorder.  He appeared before an EPSBD which determined he did not meet medical fitness standards for enlistment or induction under the provisions of Army Regulation 40-501.  His condition was listed as EPTS.  

2.  While Soldiers often enter active duty with existing and sometimes unknown medical conditions, many of them successfully complete their initial entry training.  Unfortunately, some are unable to complete their training because the rigor of basic combat training is too strenuous to complete with the medical condition.  Since there are Soldiers who cannot complete their training, they must be discharged.

3.  The applicant was found unfit for military service by an EPSBD after his entry on active duty because of his inability to complete mandatory training.  His DA Form 4707 shows he was informed of the medical condition, counseled for and concurred that he understood his right to obtain counsel regarding his right to obtain Army and civilian counsel, and that he could request to be discharged without delay or request to be retained.  The applicant concurred with that finding and requested discharge without delay.

4.  Accordingly, he was discharged under the provisions of Army Regulation  635-200, paragraph 5-11, for failure to meet medical fitness standards with his service uncharacterized.  He was properly given an SPD Code of "JFW" and RE code of "3."  As a result, he is not entitled to have his SPD code changed to a more favorable SPD code or RE code.

5.  Uncharacterized service is not derogatory, but is used if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

6.  Therefore, he is not entitled to have his character of service changed to honorable.

7.  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.  

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)                                         AR20140001282





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ABCMR Record of Proceedings (cont)                                         AR20140001282



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