IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006575
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 code (RE code) "4" be changed so he can reenter the service.
2. The applicant states:
a. He "technically" graduated from basic training and received good evaluations from his drill sergeants. He just did not pass a security clearance review that was required to stay in the Military Accessions Vital for the National Interests (MAVNI) enlistment program.
b. The adjudicator for his security clearance review concluded he possibly had a mental health issue. The issue was actually minor memory loss brought on by vitamin deficiencies.
c. He was not eligible to change to a different military occupational specialty (MOS) because of his immigration status.
d. He will soon have his "green card" and doesn't want the RE code "4" to prevent him from entering the service again.
e. He doesn't have any physical or mental condition or any bad conduct in his civilian records that could disqualify him from joining again.
3. The applicant provides copies of medical reports from Holy Redeemer Physician and Ambulatory Service, Meadowbrook, Pennsylvania, dated
18 February 2014. He also states he provided an "investigator file," but it is not available.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 October 2013. He did not complete training and was not awarded an MOS.
2. A Department of Defense Consolidated Adjudication Division Facility memorandum, dated 29 November 2013, Subject: MAVNI Determination, states, in part, that an unfavorable determination was made on the applicant's single-scope background investigation (SSBI). The unfavorable determination was based on information reflecting the applicant has personal conduct and possible mental health issues.
3. On 10 February 2014, his commander notified him that separation action was being initiated because he was unable to successfully complete basic combat training due to the unfavorable background investigation. The commander recommended his service be characterized as Uncharacterized.
4. He acknowledged receipt of the separation notification memorandum and subsequently consulted with legal counsel. He was advised of the basis for the contemplated separation and its effects, the rights available to him, and the effect of a waiver of his rights. He waived assistance of counsel and indicated he wished to make a statement on his own behalf. The statement is not available for review.
5. The immediate commander recommended separation, the chain of command concurred, and the separation authority approved the discharge and directed his service be uncharacterized.
6. His DD Form 214 shows he was discharged on 27 February 2014, under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of "SECRETARIAL AUTHORITY." His character of service is shown as "UNCHARACTERIZED." He had completed 4 months and 20 days of creditable active military service. Accordingly, he was assigned a separation code of "JFF" and an RE code of "4."
7. He provides copies of medical reports, dated 18 February 2014, indicating a brain magnetic resonance imaging (MRI) that showed no physical abnormality that would cause memory loss and other test results suggested vitamin D and vitamin B12 deficiencies.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE code "4" applies to persons separated from their last period of service with a non-waivable disqualification. .
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214. The separation code "JFF" was the appropriate code based on the guidance provided in this regulation for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 5-3, by reason of Secretarial Authority. The Secretary of the Army will determine the appropriate RE code for separations under Secretarial Authority.
DISCUSSION AND CONCLUSIONS:
1. The medical reports he submitted as evidence were reviewed; however, they do nothing to suggest that the separation was erroneous or unjust.
2. There is no apparent basis for removal or waiver of his disqualification that established the basis for the RE code "4." While his desire to serve his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20100010153
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006575
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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