BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140013884 


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) for the period ending 13 May 2010 be corrected by revising both his separation (SPD) and reentry (RE) codes. 

2.  The applicant states, in effect:

* the SPD and RE codes currently shown on his DD Form 214 are unjust
* around the time of his discharge, he found himself in a difficult situation
* he was very young (19 years of age) and stationed in Alaska, far from family and friends
* he had very little to no friendship or interaction outside of his work
* he also had no one he felt he could turn to for help
* he finally sought help from a behavioral health specialist and it was then determined he should be discharged 
* he is now 35 years old [sic, based upon his birthday he would presently be 26 years of age]
* he has the support of a loving family and of friends
* he has the benefit of a college education, which gave him a better understanding of his state of mind those many years ago
* at this point in his life, he wishes to reenter the military; however he has been told the SPD and RE codes will prevent him from ever reenlisting
* he feels the codes may have described certain aspects of his performance at that time, but do not describe the person he is today; he therefore requests both codes be changed

3.  The applicant provides:

* two DD Forms 214
* Enlisted Record Brief (ERB)
* DD Form 256A (Honorable Discharge Certificate)

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 24 March 2008 at the age 
of 18.  After completing initial training, he was awarded military occupational specialty 92G (Food Service Specialist).  The highest rank/grade held was specialist/E-4.  Following advanced individual training, the applicant was assigned to Fort Wainwright, AK on or about 16 March 2009.

3.  On 10 March 2010, the Chief of Behavioral Health at Bassett Army Community Hospital prepared a DA Form 3822-R (Report of Mental Status Evaluation).  She essentially stated:

* the applicant showed normal behavior, was fully alert and oriented, displayed clear thinking, and had normal thought content
* her impression was the applicant met medical retention standards, as outlined in Army Regulation 40-501 (Standard of Medical Fitness)
* in accordance with the Diagnostic and Statistical Manual of Mental Disorders, 4th edition (DSM IV), the applicant displayed adjustment disorder with depressed mood
* the potential for self-harm was low
* she recommended the applicant not use weapons or handle live ammunition
* he was not suitable for continued access to classified material
* in her opinion, the applicant would not respond to command efforts to rehabilitate him
4.  In the remarks portion of the DA Form 3822-R, the Chief, Behavioral Health, stated:

* the applicant had been under the care of the Behavioral Health department since October 2009
* he had had one psychiatric admission
* he was given a trial outpatient therapy and returned to duty
* the applicant continued to be unable to meet the requirements of active duty service
* she recommended the applicant be processed for separation

5.  On 22 April 2010, the applicant's commander notified him he was being considered for separation under the provisions of chapter 5 (Separation for Convenience of the Government), paragraph 5-17 (Other Designated Physical or Mental Conditions).  The stated reason for his action was the applicant's diagnosis of adjustment disorder with depressed mood.

6.  On 26 April 2010, the applicant consulted with legal counsel, an officer of the Judge Advocate General's Corps.  He stated he understood the action being contemplated and had been advised of the rights available to him.  He elected not to submit statements in his own behalf.  He further acknowledged he understood he could encounter substantial prejudice in civilian life if he was given a general under honorable conditions discharge.

7.  On 29 April 2010, the separation authority approved the commander's recommendation for separation and directed the applicant be given an honorable discharge.  On 13 May 2010, the applicant was discharged accordingly.

8.  His DD Form 214 shows he completed 2 years, 1 month, and 20 days of net active creditable service.  

	a.  He was awarded or authorized:

* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge

	b.  Item 18 (Remarks) shows he served in Iraq from 15 May 2009 to 20 September 2009.
	c.  Item 25 (Separation Authority) shows Army Regulation 635-200, paragraph 5-17.

	d.  Item 26 (Separation Code) displays the code JFV (condition, not a disability).

	e.  Item 27 (RE Code) contains the number "3" (not considered fully qualified for enlistment, but the disqualification is waivable).

	f.  Item 28 (Narrative Reason for Separation) states "condition, not a disability."

9.  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 the Regular Army RE codes:

* RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met
* 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
* RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification 

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 JFV is the correct code for Soldiers separating under the provisions of chapter 5, paragraph 5-17 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 JFV has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the SPD and RE codes shown on his DD Form 214 be changed.  In effect, he is requesting to revise the current SPD code to one that is consistent with an RE code of "1" so that he may become eligible to reenter military service.  His current code of RE-3 gives him a waivable disqualification for enlistment, whereas an RE-1 allows him to enlist without restriction.

2.  The applicant offers no independently verifiable evidence which would support his assertion the current SPD and RE codes were placed on his DD Form 214 in error or resulted from an injustice.  Rather, the evidence of record, in the form of an evaluation by a behavioral health specialist, clearly suggests his discharge action was appropriate.  Regulatory guidance further affirms both the SPD and RE codes shown on his DD Form 214 are correct for a separation under the provisions of chapter 5, paragraph 5-17 of Army Regulation 635-200.  Therefore, the evidence clearly shows he received the appropriate SPD and RE codes associated with his discharge.

3.  Based upon the foregoing 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)                                         AR20140013884





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ABCMR Record of Proceedings (cont)                                         AR20140013884



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