IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012557 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 IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012557 BOARD DETERMINATION/RECOMMENDATION: 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. IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012557 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 removal of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from his military records or amendment of his reentry eligibility (RE) code from 3 to 1. 2. The applicant states: a. He only served 65 days of active duty and should not have been issued a DD Form 214 upon discharge. b. Before leaving for basic combat training, his recruiter led him to believe that joining the Infantry was like having a second family and a special brotherhood. He was excited to leave for basic combat training and start a new chapter of his life, but he was sad to leave his family, friends, and girlfriend behind at the same time. He was not prepared for how he would be treated by some of the other recruits, by whom he was regularly harassed and threatened. He was threatened to be beat up over fire watch once and another time he was confronted by three recruits and threatened in the bathroom. Two recruits in particular regularly made statements about his girlfriend that were very hard to deal with. During a road march, his drill sergeant yanked him back after he passed another Soldier and yelled at him that he was going to "skull f____" him until he sent him to the hospital and make sure he wouldn't come back again. c. The entire situation upset and confused him so he said to another recruit, "sometimes I think it would be best if I weren't here." The other recruit took this as a suicidal comment and reported it, although it was not a suicidal comment. He only meant it might have been better had he not joined the Infantry and gone to basic combat training. Afterward, he was taken off duty and placed on charge of quarters, unable to participate in anything else. He was sent for a mental health evaluation in preparation to be sent home. After the evaluation, the receptionist told him his scores were too low and he would not be sent home if his scores didn't increase. He returned a week later and changed his answers so he could be sent home. d. He was unaware of the consequences of receiving a discharge after being labeled suicidal. He was only 19 years old and very homesick. To this day, he would go back and change the way he handled the situation if he could. He has matured greatly over the past 5 years and has tried several times to enlist in the Army again with no success. e. He has had several leadership roles since his discharge, to include managing a Chipotle restaurant for 2 years. He has seen two psychologists in an effort to get letters of recommendation to enable him to enlist. He understands the reason for his discharge, but poses no threat to himself or anyone around him due to his gained maturity over the years. He desires a second chance to serve his country. He has proven he is not suicidal and is fit for duty. 3. The applicant provides: * self-authored statement * DD Form 214 * marriage certificate * Grove City Psychological Services letter, dated 26 March 2012 * Grove City Psychological Services Report of Psychological Assessment, dated 20 July 2015 * character statement * copy of page from the U.S. National Archives and Records Administration website 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 7 April 2010. 3. On 16 May 2010, his immediate commander referred him for a mental health evaluation after he reported to the drill sergeant that he was depressed and may harm himself or another Soldier. He also reported being harassed by his peers. 4. A DA Form 3822-R (Report of Mental Status Evaluation), dated 18 May 2010, shows he had the mental capacity to understand and participate in the proceedings and was mentally responsible. The document further shows he was diagnosed with adjustment disorder, mixed anxiety, and depressed mood after psychological assessment. Given this diagnosis and his commander's recommendation, the psychiatrist recommended his administrative separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions). 5. On 21 May 2010, his immediate commander initiated discharge action against him under the provisions of Army Regulation 635-200, paragraph 5-17, based on the diagnosis he received at Community Mental Health Services. He was advised he had the right to consult with counsel and submit written statements in his behalf. 6. He acknowledged receipt of notice of the basis for the contemplated separation action against him, the type of discharge he could receive, and the possible effects of this discharge on 21 May 2010. He declined the opportunity to consult with counsel and did not submit statement in his behalf. 7. The approval authority reviewed the request and directed the applicant's discharge and receipt of an entry-level separation on 5 June 2010. His DD Form 214 shows he was discharged on 15 June 2010 under the authority of Army Regulation 635-200, paragraph 5-17, due to a condition, not a disability, and his service was uncharacterized. He completed 2 months and 9 days of total active service. He was assigned separation program designator (SPD) code JFV. 8. He provided a letter from Grove City Psychological Services, dated 26 March 2012, and a Report of Psychological Assessment from Grove City Psychological Services, dated 20 July 2015. The letter states he had a positive attitude and drive, was well-groomed and clean, and was oriented in terms of time, place, person and situation. He did not meet the criteria for any diagnosis according to the Diagnostic and Statistical Manual of Mental Health Disorders and appeared to be an excellent candidate for the military. The Report of Psychological Assessment likewise shows he did not meet the criteria for a mental health disorder and had no mental health concerns to inhibit him from joining the military. 9. He also provided a character statement from a former coworker who is currently serving in the Army, who attested to his reliability, dedication, and hard work as a manager. The incident that caused his discharge from the Army was out of character and he has never shown any signs of harming himself or others, thus he deserves a second chance. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. Chapter 2 states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be provided for Active Army Soldiers on termination of active duty by reason of administrative separation, including separation by reason of retirement or expiration term of service, physical disability separation, or punitive discharge under the Uniform Code of Military Justice. 2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. Paragraph 5-17 states commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability. 3. 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 (U.S. Army Reentry Eligibility Codes) provides a list of RE codes. a. RE code 1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. b. RE code 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 for enlistment unless a waiver is granted. 4. Army Regulation 635-5-1 (SPD Codes) provides the specific reasons for separating Soldiers from active duty and the associated SPD codes to be entered on the DD Form 214. SPD code JFV is the appropriate code to assign to Soldiers involuntarily discharged under the provisions of Army Regulation 635-200, paragraph 5-17, due to a condition, not a disability. 5. The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for Regular Army and Reserve Component Soldiers being separated. It stipulates an RE code of 3 will be assigned to members separated with an SPD code of JFV. DISCUSSION: 1. Records indicate the applicant was appropriately discharged from the Army under the authority of Army Regulation 635-200, chapter 5-17, for a condition, not a disability. All requirements of regulation and law were met and his rights were protected throughout the process. 2. As he was a Regular Army Soldier at the time of his administrative discharge, regulatory guidance mandated the issuance of a DD Form 214 upon separation. Despite his claims to the contrary, there was no requirement for him to have served 90 consecutive days to be issued a DD Form 214. 3. His DD Form 214 shows his SPD code as JFV and his RE code as 3. SPD code JFV is the appropriate code to assign to Soldiers involuntarily discharged under the provisions of Army Regulation 635-200, paragraph 5-17. RE code 3 is the corresponding RE code for Soldiers separated with an SPD code of JFV. 4. The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised to contact a local recruiter should he desire to reenter military service. A local recruiter can best advise him on his eligibility for returning to military service, the current needs of the Army, and may process any required enlistment waiver for the applicant's RE code 3 if otherwise eligible. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012557 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012557 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2