IN THE CASE OF:	   

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140011528 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by changing the Reentry (RE) code from RE-3 to RE-1.

2.  The applicant states, in effect, his record contains false statements saying he attempted suicide and received psychiatric care while still in high school.  These false statements and the assertion of prior psychiatric care caused him to be discharged and to receive an RE code which requires him to obtain a medical waiver before he can enlist in the Armed Forces of the United States.  He wants to have the ability to enlist without this waiver.

3.  The applicant provides:

* self-authored statement
* four letters of support

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 July 2013.  He entered but never completed basic combat training (BCT).  His records show he was referred to an Entrance Physical Standards Board (EPSBD) to determine if he met medical procurement standards. 



2.  His record contains a DA Form 4707 (EPSBD Proceedings) dated 
4 September 2013.  Under the heading of "Findings by the Evaluating Physicians" the following summarizes the narrative description:

	a.  History of existed prior to service (EPTS) condition:

* 19 year old Soldier presented with previous history of depression
* Soldier states he was diagnosed by a psychiatrist while in the 10th grade
* Soldier saw psychiatrist for 3 months, self-discontinued, and spoke to his pastor instead
* Soldier reported that, within last two years, he attempted suicide three times by twice attempting self strangulation and jumping one time from a bridge
* each time he was stopped by a father-figure in his life
* Soldier reported stressors (family and the loss of numerous friends)
* Soldier denied psychiatric hospitalizations, previous thoughts of self-harm, and any history of substance abuse

	b.  Subjective findings:

* Soldier reported since arrival at BCT his feelings of depression have intensified
* current symptoms include difficulty concentrating, insomnia, increased irritability, social withdrawal, feelings of poor self-esteem and hopelessness, and a loss of motivation
* Soldier denied current thoughts of self harm, suicide, or homicide
* Soldier reported passive thoughts of suicide and self harm two days prior but denied acting on these thoughts

	c.  Objective findings:

* Soldier dressed appropriately
* reports depressed mood
* affect was congruent with stated mood
* good eye contact, alert, and oriented with intact memory
* insight and judgment are fair

	d.  Diagnosis:  311 depressive disorder, not otherwise specified (NOS).

	e.  Recommendation:  separation for failure to meet medical procurement standards of Army Regulation 40-501 (Standards of Medical Fitness).  EPTS:  Yes.  Permanently service aggravated:  No.  Soldier does meet medical retention standards in accordance with chapter 3, Army Regulation 40-501.

3.  Item 9 (State Profile and Assignment Limitations) lists the applicant's Physical, Upper, Lower, Hearing, Eyes, Psychiatric (PULHES).  Under the "S" for psychiatric it shows a "3."  It also states:  "No assignment to isolated areas where definitive medical care is not available.  Remove from training.  No access to sharps or weapons.  Cadre should administer medications.  Buddy watch."

4.  On 6 September 2013, the findings were approved.  On 11 September 2013, the applicant's commander notified him he was being recommended for separation under the provisions of chapter 5, paragraph 5-11, of Army Regulation 635-200.  While his record does not contain a document signed by the separation authority approving his discharge, his records do show he was directed to report for separation processing in Orders 261-1309, dated 18 September 2013, issued by Headquarters, U.S. Army Training Center and Fort Jackson.  He was discharged accordingly on 24 September 2013.

5.  His DD Form 214 shows:

* character of service is uncharacterized
* separation authority as Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards)
* narrative reason is "failed medical/physical/procurement standards"
* the reentry code "3"
* separation code "JFW"

6.  The applicant provides a self-authored statement which essentially recounts the events, as he remembers, which led to his discharge.  He states:

	a.  He told the doctors he had felt depressed and had suicidal thoughts following a break-up with his first love in high school.  He contends he was never medically diagnosed and that it was only a "normal teenage thing to go through."  After seeing the doctors he was given a profile, put on "buddy watch," told he could not be around weapons, and was removed from all training.  

	b.  During his next appointment with the doctors, he was asked if he felt depressed, to which he replied he was not.  He was then asked the same questions as in his earlier session.  Following this appointment, he was kept on "buddy watch" even though he had told them he was not depressed and was not a threat to himself or anyone.  He was told he was being separated.

7.  The applicant provides three letters of support from his parents, a local fire chief, and his pastor.  All maintain the applicant felt depressed while in high school following the break-up with his girlfriend, but he was not suicidal.  His parents go on to state:

* their son has wanted to serve his country since age 8
* he joined the local volunteer fire department and was in a future Soldiers program while still in high school
* relatively soon after arrival at BCT, the applicant said he was being medically discharged because of depression
* the parents spoke to a drill sergeant who told them that on the first day of weapons qualification the applicant seemed really depressed
* when asked what was wrong, the applicant said he had thoughts of suicide
* the next time the parents spoke to their son, he said he was not depressed
* the applicant said "they" had determined his depression during high school was missed in his earlier medical examinations
* their son seemed convinced he was on a path where the Army would change him into someone who would hurt himself or others; he agreed to get out of the Army and move on
* after their son came home, they examined his papers and they became concerned this action could negatively affect his future
* the applicant was never medically diagnosed and they have never felt he was at risk for suicide

8.  Army Regulation 635-200 prescribes policies and procedures for enlisted separations.  Chapter 5, paragraph 5-11 states Soldiers who are found to be not medically qualified under procurement medical fitness standards when accepted for enlistment may be separated.  These findings will result from an EPSBD.  Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded an uncharacterized description of service if in entry-level status.

9.  Army Regulation 40-501 provides medical standards for enlistment in the Army.  Soldiers who are identified within the first 6 months as not meeting the medical procurement standards under Army Regulation 40-501, chapter 2, may be separated under Army Regulation 635-200 following evaluation by an EPSBD.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of "JFW" is the correct code for Soldiers separating under the provisions of paragraph 5-11 of Army Regulation 635-200.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The SPD code of "JFW" has a corresponding RE code "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the RE code shown on his DD Form 214 be changed to RE-1.  His current code is RE-3, which requires him to obtain a waiver prior to enlistment.  The result of his requested change would offer him the opportunity to serve again in the military without the need for a waiver.

2.  The evidence of record confirms his RE code was assigned based on his separation under the provisions of chapter 5, Army Regulation 635-200.  The RE code associated with his type of discharge is RE-3.  He therefore received the appropriate RE code associated with his discharge.

3.  His discharge was based upon the results of an EPSBD after receiving a diagnosis of depressive disorder, NOS made by a behavioral health professional.  Although the applicant contends this diagnosis was not accurate, he offers no evidence from any behavioral health professionals made at or near the time of his discharge which might contradict this diagnosis.  The Board starts from a presumption of administrative correctness and the applicant carries the burden to prove an injustice or inequity has occurred.  It appears from the available evidence that his rights were fully protected during this process and all regulatory requirements were followed.

4.  Based upon the foregoing and the fact he did not submit any evidence showing the RE code was given in error or due to an injustice, there is an insufficient basis upon which to grant the 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)                                         AR20140011528





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ABCMR Record of Proceedings (cont)                                         AR20140011528



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