BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140018630 


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 his record by changing his reentry (RE) code of 3 to RE 1.

2.  The applicant states that shortly after he started basic training his mother had a heart attack.  He was worried about her health but when he asked to talk to someone about this he was discharged for having anxiety and depression.  Only when he tried to reenlist did he discover why he was discharged.  He sought out and was evaluated by two psychologists to prove that this diagnosis was wrong.

3.  The applicant provides his personal statement and copies of a DA Form 3822-R (Report of Mental Status Evaluation), dated 21 June 2007; a letter, dated 9 September 2010, from a clinical psychologist; and a mental health evaluation, dated 24 February 2012 from another clinical psychologist. 

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 17 May 2007 and did not complete initial entry training.

3.  A 21 June 2007 mental health evaluation shows the applicant complained of being sad, nervous heart palpitations, cold sweats, muscle tension, irritability, difficulty sleeping, and vague non-specific suicidal thoughts with no intent or plan.  The problems had not improved since entering the military and he complained of worsening symptoms of anxiety and depression.  He attributed his problems to poor adjustment to the military and wished to be discharged.  Mental health service counseling appointments had not helped.  The examiner and the reviewer, a clinical psychologist, agreed on a diagnosis of adjustment disorder with mixed anxiety and depressed mood.  There was no mention of his mother’s health being a significant issue.

4.  Separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 was recommended.  No discharge package is located in the available records.

5.  His DD Form 214 shows he was discharged with an uncharacterized separation under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a condition–not a disability.  Item 26 (Separation Code) shows the entry "JFV" and item 27 (RE Code) shows the entry "3."  He had completed 2 months and 1 day of active duty service.

6.  The applicant submitted in support of his request:

	a.  A 9 September 2010 letter from a clinical psychologist who related that the applicant was depressed because his mother had a heart attack.  His drill sergeant suggested that the only way he could get a week off was to accept discharge.  He waited several years because he was told that was necessary.  The clinician found no diagnosable disorder.

	b.  The mental health evaluation dated 24 February 2012 relates that the applicant reported a diagnosis of anxiety and depression about 3 years ago when he was in the military.  His mother had a heart attack and the applicant was given a leave of absence due to mental health problems with the provision that he could return after 2 years.  The examiner stated that the applicant had, at some prior time, exhibited symptoms that warranted the reported diagnosis, but he did not currently meet the diagnostic criteria for an adjustment disorder.  The examiner deferred any other diagnosis.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 includes a list of the RA RE codes.  A code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is writable.  However, those individuals are ineligible unless a waiver is granted.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty.  SPD code "JFV" is the correct code for RA Soldiers discharged service under the provisions of Army Regulation 635-200, paragraph 5-17.

9.  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 in effect at the time of his discharge shows the SPD code of "JFV” has a corresponding RE code of 3.

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states: 

   a.  Paragraph 5-17 provides for the separation of Soldiers on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty.  Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired.

   b.  Paragraph 3–9 provides that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation governing the Board’s operation, requires that the discharge process must be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption.  
DISCUSSION AND CONCLUSIONS:

1.  The discharge process must be presumed to have been conducted in accordance with regulations.

2.  The medical reports he submitted as evidence were reviewed; however, they do not suggest that the separation was erroneous or unjust.

3. The applicant was discharged, on 17 July 2007, before he finished training, for a condition-not a disability.  He was assigned an RE code of "3."

4.  The RE-code of "3," establishing his ineligibility for enlistment/ reenlistment without waiver, was correctly entered on his separation document in accordance with governing regulations.

5.  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 change his RE code, this does not mean that he is permanently disqualified (at least from the Army) from reentering military service.

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)                                         AR20140018630



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ABCMR Record of Proceedings (cont)                                         AR20140018630



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