IN THE CASE OF:	   

		BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140006323 


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, in effect, a change of his reentry eligibility (RE) code from RE-3 to RE-1.

2.  The applicant states he is fit for duty per Somerset Department of Veterans Affairs Mental Health.

3.  The applicant provides no additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 9 September 2009, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 11B (Infantryman).  The highest rank he held was private first class/pay grade E-3.

2.  His service medical records are not available for review.

3.  His discharge packet is not available for review.  However, his records show he was discharged from active duty on 29 October 2011.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows in:

* item 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17
* item 26 (Separation Code) – "JFV"
* item 27 (RE Code) – "3"
* item 28 (Narrative Reason for Separation) – "condition, not a disability"

4.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that a Soldier could be separated on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty.  It further states when a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation in accordance with Army Regulation 40-501 (Standards of Medical Fitness).  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

5.  Army Regulation 635-5-1 (Separation Program Designators (SPD)) provides the narrative reason for separation and the SPD code to be entered on the DD Form 214.  The narrative reason for separation under the provisions of Army Regulation 635–200, paragraph 5-17, is "condition, not a disability."  Soldiers separated under this authority are assigned SPD code "JFV."

6.  The SPD/RE Codes Cross Reference Table provides instructions for determining the RE code to assign to Active Army Soldiers when they are separated.  The table shows SPD code "JFV" corresponds to RE code "3."

7.  Army Regulation 635-200 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) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 states RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  

8.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.



DISCUSSION AND CONCLUSIONS:

1.  He has provided no evidence to support his contention that he is fit for active duty.  Further, even if he did, his medical condition at this time would not, in and of itself, indicate his reason for discharge or RE code assigned at the time was incorrect or would warrant change by the Board at this time.

2.  He was involuntarily separated from active duty under the provisions of Army Regulation 635-200, paragraph 5-17.  The assigned RE-3 code was and still is appropriate.  He was disqualified from reenlistment, but the disqualification is waivable.

3.  In the absence of evidence to the contrary, the presumption of administrative regularity must be applied.  Even though the applicant's records do not contain his discharge packet, it is presumed that his discharge process was accomplished in accordance with applicable regulations.  As such, there is no evidence of an error in assignment of his reason for separation or RE code.

4.  An applicant's desire to reenter military service is commendable; however, this is not a basis for changing a properly-assigned RE code.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

5.  If he desires to reenter military service, his disqualification for reentry may be waived.  He may discuss the waiver process with a recruiter; however, as he may already know, waivers are granted based on the needs of the Army and submitting a request for a waiver does not guarantee approval.

6.  In view of the foregoing, there is no 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)                                         AR20140006323



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ABCMR Record of Proceedings (cont)                                         AR20140006323



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