IN THE CASE OF:	   

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011294 


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 correction of her reentry eligibility (RE) code 3 to an RE-1 or a more favorable RE code so she may reenter the military.

2.  The applicant states she was discharged due to marital issues, but these issues are now resolved.  She believes she is fully capable to return to duty. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Letter from a social worker at the Department of Veterans Affairs (VA)
* Lease agreement
* College transcripts 

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 3 April 2007 and she held military occupational specialty 92A (Automated Logistical Specialist).  She reenlisted on 19 January 2010.

2.  She served in a variety of assignments including Iraq from 16 October 2009 to 18 August 2010.  She attained the rank/grade of sergeant/E-5.  She was assigned to the 240th Quartermaster Company, 391st Combat Sustainment Support Battalion, Germany. 

3.  On 13 June 2011, she underwent a behavioral health evaluation.  The behavioral health official stated the applicant had been treated with psychotherapy for marital issues for over 2 years and she has had domestic violence issues during this time.  Currently, she is showing poor coping skills, relaying on self-destructive behaviors to raise the threat level and force the issue on getting administratively chaptered.  Her psychiatric condition is not due to service in the Army. 

4.  On 18 October 2011, the applicant's immediate commander notified the applicant of his intent to initiate separation action against her under the provisions of paragraph 5-17 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of "other designated physical or mental conditions."  The immediate commander stated the applicant had been diagnosed with an adjustment disorder with depressed mood.  He recommended an honorable discharge.

5.  The applicant acknowledged receipt of the separation notification memorandum and subsequently consulted with legal counsel.  She was advised of the basis for the contemplated separation action and its effects, the rights available to her, and the effect of a waiver of her rights.  She acknowledged she understood that she may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to her.

6.  Subsequent to this acknowledgement and legal consultation, the applicant's immediate commander initiated separation action against her under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other designated physical or mental conditions.  Her intermediate commander recommended approval with an honorable characterization of service. 

7.  On 6 December 2011, consistent with the chain of command's recommendations, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other designated physical or mental condition with an honorable discharge.  The applicant was accordingly discharged on 8 February 2012.

8.  Her DD Form 214 shows she was honorably discharged on 8 February 2012 under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "condition, not a disability."  This form shows she completed 4 years, 10 months, and 6 days of creditable active military service and the following:

* item 26 (Separation Code), the entry "JFV"
* item 27 (Reentry Code), the entry "3"

9.  She provides a lease agreement and college transcripts.  She also provides a statement from a VA licensed social worker who states she met with the applicant and assessed her emotional well-being: 

* she had a history of depression beginning in 2009 for about 4 years due to marital problems and subsequent divorce
* her husband fought the divorce but continued a relationship with another woman who eventually gave birth to his child
* she was offered mental health service during her military service but she was unable to commit to the treatment 
* she was able to get through the difficulties on her own and with support from loved ones
* she reports no current mental health issues; her mood is stable and she has no depression or anxiety 
* she is optimistic with ambitious plans for the future and her concentration and sleep habits are normal 
* she is eager to continue her military career; she reports no drug or alcohol use, and she is not at risk of harming herself or others
* mental health treatment is not recommended at this time 

10.  Army Regulation 635-200, paragraph 5-17, states commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Members may be separated for physical or mental conditions not amounting to disability which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.

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

* an RE-1 applies to Soldiers completing their terms of active service who are considered qualified for enlistment if all other criteria are met
* an 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

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214.  It identifies SPD code JFV as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-17, based on a condition, not a disability.

13.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper RE code to assign to Soldiers separated with SPD code JFV.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms the applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  She had been diagnosed with an adjustment disorder by competent military medical authorities.

2.  Based on this authority and reason for separation, she was appropriately assigned SPD code JFV in accordance with the applicable regulation.  She was assigned a corresponding RE code 3.  Her assigned RE code was and remains valid.  It is neither in error nor unjust and, thus, there is no reason to change this code.  

3.  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 her RE code, this does not mean that she 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.  If the applicant still desires to reenter military service, she should contact a local recruiter who can best advise a former service member as to the needs of the Army at the time.

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)                                         AR20140011294





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ABCMR Record of Proceedings (cont)                                         AR20140011294



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