IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20140018485 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 reentry eligibility (RE) code of "3" be changed to an RE code of "2" on his DD Form 214 (Certificate of Release or Discharged from Active Duty). 2. The applicant states, in effect, that: * he believes his RE code of "3" was assigned in error because he was not diagnosed with a condition * he had three different medical opinions, two of which state that he does not have any health or mental conditions * he had his separation code changed multiple times by his commander, once for unsatisfactory performance; however, since he was in the military for over 6 months, the command changed his RE code * he remained at work every day without any issues * he received an honorable discharge (HD) and it is only fair that he should have his RE code changed 3. The applicant provides: * A DD Form 214 * Orders 126-0344, Headquarters, Joint Readiness Training Center, dated 6 May 2014 * Medical documentation from Bayne-Jones Army Community Hospital, Fort Polk, LA., dated 14 May 2014 and 28 April 2014 * a self-authored statement * TCN Behavioral Health Services assessment, dated 3 September 2014 * Enlisted Record Brief (ERB) CONSIDERATION OF EVIDENCE: 1. On 6 August 2013, he enlisted in the Regular Army (RA). He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember). 2. The complete circumstances surrounding his separation are not available for review. However, his DD Form 214 shows he was discharged on 21 May 2014 due to a condition, not a disability and discharged under the provisions of Army Regulation 635-200, paragraph 5-17 with an HD. He had completed 9 months and 16 days of active service. 3. The applicant’s DD Form 214 shows in: * Item 26 (Separation Code) the separation program designator (SPD) code "JFV" * Item 27 (Reentry Code) the RE code "3" 4. The applicant provided documentation from a behavior health specialist, who states that the applicant no longer has any mental health issues and is able to be gainfully employed. 5. On 26 February 2016, the Office of the Surgeon General (OTSG) provided an advisory opinion stating, in effect: a. When the applicant was separated from the Army, he had been experiencing significant mental health issues for some time. b. In the absence of documentation indicating who assessed the applicant’s reenlistment code or for what reason, it is not possible to assess whether this decision was related to his mental health issues. 6. The applicant was provided a copy of the advisory opinion for an opportunity to respond. However, he failed to do so. 7. Army Regulation 635-200, paragraph 5-17, provides commanders with the authority to approve separations on the basis of other physical or mental conditions not amounting to disability and excluding those personnel who did not meet procurement medical fitness standards and those diagnosed with a personality disorder. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. 8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code "JFV" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "physical condition, not a disability." 9. The SPD/RE Code Cross Reference Table, dated 31 March 2006, stipulates that RE code "3" will be assigned to members separated with SPD code "JFV." 10. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 includes a list of the RA RE codes: a. RE-2 applies to Soldiers who separated prior to the effective date of the current regulation (8 February 2011). b. 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. DISCUSSION AND CONCLUSIONS: 1. In the absence of evidence to the contrary, the presumption of administrative regularity must be applied. Even though the applicant's records do not contain his discharge packet, it is presumed that his discharge process was accomplished in accordance with applicable regulations. As such, there is no evidence of an error in his assigned RE code. 2. The applicant is advised that if he believes the reason for his separation is incorrect, he may submit a new application to this Board with supporting documentation. 3. If he desires to reenter military service, his disqualification for reentry may be waived. He may discuss the waiver process with a recruiter; however, as he may already know, waivers are granted based on the needs of the Army and submitting a request for a waiver does not guarantee approval. 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) AR20130004020 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140018485 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1