IN THE CASE OF:	 

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004704 


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 his reentry eligibility (RE) code be changed to RE-1A.

2.  The applicant states:

	a.  upon his discharge, he was informed he could return to an active or Reserve status if he chose to.  However, he was informed by two different recruitment offices that he could not reenlist because the discharging personnel did not fill out any information as to why he was discharged.  

	b.  he feels he is able to provide service to the Army and has stayed in good physical condition since his departure.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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.  The applicant enlisted in the Regular Army on 28 November 2005.  He served as a radio operator/maintainer in Iraq from 7 October 2007 to 1 December 2008.

3.  On 24 June 2009, he underwent a mental status evaluation and the clinical psychologist diagnosed him with an adjustment disorder with depressed mood.   

4.  On 12 November 2009, the applicant's unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for other designated physical or mental conditions.  The commander cited the applicant had been diagnosed with an adjustment disorder with depressed mood.

5.  On 19 November 2009, the separation authority approved the recommendation for separation and directed that the applicant be furnished an honorable discharge.  

6.  On 3 December 2009, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  

7.  His DD Form 214 shows in:

* item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
5-17
* item 26 (Separation Code) – JFV
* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – Condition, not a disability

8.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5 provides for separation for the convenience of the government.  Paragraph 5-17 provides for discharge for other designated physical or mental conditions.  Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (separation of personnel who did not meet procurement medical fitness standards) or 5-13 (separation because of personality disorder) that potentially interfere with assignment to or performance of duty.  A Soldier separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

9.  Army Regulation 635-200 states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.

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

	a.  RE code 1 applies to persons completing an initial term of active service who were fully qualified when last separated.

	b.  RE code 1A applied to Soldiers separated prior to the effective date of this regulation.  This code will not be used.  

	c.  RE code 3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  SPD code JFV applies to Soldiers discharged by reason of a condition, not a disability and the regulatory authority is Army Regulation
635-200, paragraph 5-17.

12.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD of JFV will be assigned an RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his RE code to RE-1A was noted.  However, RE-1A is not a valid Army RE code.  Therefore, there is no basis for granting this request.

2.  The evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, paragraph 5-17.  The RE code associated with this type of discharge is "RE-3."  Therefore, the applicant received the appropriate RE code associated with his discharge.

3.  His RE code was administratively correct and in conformance with applicable regulations at the time of his discharge.  Therefore, there is no basis for granting the applicant's requested relief.

4.  His current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.

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)                                         AR20140004704



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004704



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1