IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003214
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 a change of his Reentry (RE) Code from "3" to "1."
2. The applicant states the issue had been resolved. He provides two letters which state the issued has been resolved and it has been agreed the RE Code 3 should be changed to a "1" so the applicant can reenlist.
3. The applicant provides two supporting letters.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 8 May 2012. He did not complete advanced individual training for award of a military occupational specialty.
2. A Report of Mental Status Evaluation, dated 19 June 2012, shows the applicant was diagnosed with an adjustment disorder with mixed anxiety and depression. The evaluating psychiatrist found the applicant met the psychiatric criteria for expeditious administrative separation in accordance with Army Regulation 635-200 (Personnel Separation Active Duty Enlisted Administrative Separations), paragraph 5-17.
3. On 11 July 2012, the applicant's company commander notified the applicant of action to separate him for other designated mental conditions, with an uncharacterized discharge. The reasons for the proposed action were that he had been diagnosed with an adjustment disorder with mixed anxiety and depressed mood. He advised the applicant of his rights.
4. On 11 July 2012, after consulting with counsel, the applicant acknowledged he understood the basis for the contemplated separation action for other designated physical or mental conditions under the provisions of Army Regulation 635-200, paragraph 5-17, the rights available to him and its effects. He waived his rights and elected not to submit a statement in his own behalf.
5. On 6 August 2012, the separation authority approved the applicant's separation action with an uncharacterized discharged.
6. He was discharged accordingly on 9 August 2012. He was credited with completing 3 months and 2 days of net active service. His service was uncharacterized. His DD Form 214 lists in:
* Item 26 - (Separation Code) - JFV
* Item 27 (RE Code) 3
7. He provided two letters from individuals who state the discharge issued has been resolved and agreed the RE code 3 should be changed to a "1" so the applicant can reenlist,
8. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. The regulation states in paragraph 5-17 that Soldiers would be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40 that interfered with assignment or with performance of duty.
9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and USAR. The regulation provided that prior to discharge or release from active duty individual would be assigned RE codes based on their service records or the
reason for discharge. Chapter 3 included a list of Armed Forces RE codes, including the following RE codes:
* RE-1 - applied to persons qualified for enlistment if all other criteria are met
* RE- 3 - applied to persons not considered fully qualified for reentry or continuous Service at time of separation, but disqualification was waivable
10. Army Regulation 635-1 (Separation Program Designator (SPD) Code) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for separation of members from active military service, and the SPD's to be used for these stated reasons. This regulation shows the SPD code of "JFV" as shown on his DD Form 214 is appropriate for an involuntary discharge when the narrative reason for separation is "condition, not a disability" and the authority for discharge is Army Regulation 635-40, paragraph 5-17.
11. The SPD/RE Code Cross Reference Table provides instructions for determining the RE Code for active Army Soldiers and Reserve Component Soldiers separated for cause. It also shows the SPD Codes with their corresponding RE Code. The SPD code of "JFV" has a corresponding RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant's unit commander initiated action to separate the applicant under the provisions of Army Regulation 635-200, paragraph 5-17. The separation authority approved his discharge and he was discharged accordingly.
2. In accordance with regulatory guidance, his assigned RE code of "3" is consistent with the SPD/RE code cross reference table for Soldiers discharged for a condition, not a disability. The evidence shows he was properly discharged in accordance with pertinent regulations, with due process.
3. There is no evidence and he has not provided sufficient evidence showing his assigned RE code of "3" is in error or unjust. Therefore, he has established no basis for changing his existing RE code. The applicant may give his medical documentation to his local recruiter who should request a waiver to determine his eligibility for enlistment.
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) AR20140003214
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ABCMR Record of Proceedings (cont) AR20140003214
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