BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000959 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000959 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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000959 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 reentry eligibility (RE) code from RE-3 to RE-1. 2. He states that he was never counselled or given the required year to correct his deficiencies. He contends that the type of discharge he would receive changed three times and he was never informed as to which paragraph in chapter 5-17 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) was the basis for his discharge. In addition, his previous command discontinued the discharge under the advisement of his command sergeant major. An RE-3 based on a medical condition should be assigned to an individual in the Department of Veterans Affairs (VA) hospital system rather than a physically and mentally able person such as himself. 3. He provides: * Trial Defense Service handout * miscellaneous medical records * Military Law Specialist internet response * email correspondence, for the period October – December 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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. He served in the Regular Army from 6 October 2004 to 24 July 2011. The complete facts and circumstances of his discharge proceedings are not available for review. His DD Form 214 shows in: * item 25 (Separation Authority) – Army Regulation 635-200, paragraph 5-17 * item 26 (Separation Code) – JFV * item 27 (Reentry Code) – 3 * item 28 (Narrative Reason for Separation) – Condition, not a disability 3. He provides: a. His Chronological Record of Medical Care, dated 20 April 2010, which shows he was command referred for a mental health evaluation based on a recommendation from psychiatry. The assessment indicated that the applicant was to follow up with psychiatry as previously planned. In addition, he provides his Student Health Service physical completed on 20 February 2015, clearing him for reentry into the military. b. Email correspondence showing that his discharge documents were reviewed by an Army Adjutant General Branch officer. This individual concluded that the applicant was given the wrong type of discharge and that his commander had “railroaded” him. He states that the type of discharge the applicant received was in error because it was for individuals that have a disability and the applicant did not. c. Literature explaining the regulatory requirements and procedures for chapter 5-17, separation for the convenience of the government. REFERENCES: 1. Army Regulation 635-200 states in chapter 5, paragraph 5-17, that 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. Members separated under this provision of the regulation will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 2. Prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Table 3-1 of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) includes a list of the Regular Army RE codes. 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 to reenlist unless a waiver is granted. 3. Army Regulation 635-5-1 (Separation Program Designator Codes) states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. The "JFV" SPD code is the correct code for Soldiers separating under chapter 5-17 of Army Regulation 635-200. 4. The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross Reference Table, dated 31 March 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD/RE code and a corresponding SPD/RE code. The SPD code of "JFV" has a corresponding RE code of "3." 5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends that his code of RE-3 is in error because he was not discharged due to a disability. 2. It is unclear why the Adjutant General Branch officer reviewed the applicant’s records and drew the conclusion that the applicant’s discharge was in error. By regulation, the proper SPD and RE codes to assign members separated by reason of physical/mental condition, not a disability, under the provisions of Paragraph 5-17, Army Regulation 635-200, are JFV and RE-3. 3. Although his discharge packet is not available, it can be presumed that his separation was based on a mental health issue and not a “physical disability.” Lacking evidence to the contrary, all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The fact that he completed a physical examination is a clear indicator that he desires to reenter military service. The applicant is encouraged to contact a local recruiter who can best advise him on the waiver process and any additional eligibility requirements he may need to meet in order to return to military service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000959 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000959 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2