ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2019 DOCKET NUMBER: AR20160017448 APPLICANT REQUESTS: an upgrade of his Reentry (RE) Code from RE-3 to RE-1. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two letters of recommendations for the Reserve Officers' Training Corps (ROTC) Green to Gold Scholarship Program * Letter of Acceptance for the United States Army (USA) ROTC Battalion * Commander’s Report for Separation * Character reference for applicant * Notification of Separation * Self-authored letter * Extract of Army Regulation 635-200 (Personnel Separations) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the RE-3 on his military record is unjust and request to have it changed to a more favorable code, RE-1. He states that the Military Treatment Facility’s diagnosis of maladaptive disorder, and narcissism was erroneous and provides evidence that supports his claim. He feels the way his chain of command handled the situation was not helpful or supportive, and exacerbated the situation. Since his separation from the Army in 2010, he has earned two college degrees, one being a Bachelors in Business Administration. He is an Ambassador for the Chamber of Commerce and a Branch Manager for a finance company. He is pursuing this request in order to return to the Army in the near future without experiencing undue prejudice. 3. The applicant provides: a. Letter of recommendation for the ROTC Green to Gold Scholarship Program Lieutenant Colonel (LTC) X, Commander, Headquarters, 498th Combat Sustainment Support Battalion (CSSB), dated 26 July 2009. b. Letter of recommendation for the ROTC Green to Gold Scholarship Program from Captain (CPT) CSC, Commander, 551st Inland Cargo Transfer Company, dated 26 July 2009. c. Letter of Acceptance from LTC X, Professor of Military Science, USA ROTC Battalion, dated 4 August 2009. d. Commander’s Report for Separation, dated 4 November 2010, the company commander informed the 110th CSSB) commander in writing that she was recommending the applicant for separation under Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17a, based on the recommendation from the command directed mental health assessment on 3 November 2010. e. Character reference from CPT X, 1st Shift Battle Captain, Headquarters and Headquarters Detachment, 110th CSSB. He states he has known the applicant for 4 weeks and has worked with him on a daily basis. The applicant is task focused, professional, committed and proactive with his assigned duties. f. Notification of separation, dated 8 November 2010, the applicant's company commander notified him that action was being initiated to separate him under the provisions of AR 635-200, chapter 5, paragraph 5-17a for other physical or mental conditions. The company commander recommended separation, with a general discharge. The company commander advised the applicant of his right to: * consult with military counsel or retain civilian counsel at no expense to the government * obtain copies of the documents that would be sent to the separation authority supporting the proposed separation action * request a hearing before or submit a conditional waiver of his right to have his case heard before an administrative separation board * submit statements in his own behalf * waive any of these rights in writing or withdraw any waiver of rights at any time prior to the date the discharge authority approved his discharge * undergo a complete medical examination and mental status evaluation in accordance with AR 40-501 (Standards of Medical Fitness) g. A detailed self-authored statement which describes the incident and his military and personal experiences (detailed letter enclosed in packet). h. Extract of AR 635-200, the applicant highlighted the following: (1) Chapter 5, paragraph 5-1b, no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specified factors in his/her service record that warrant such a characterization _____. (2) Chapter 5, paragraph 5-1b, such characterization is normally inappropriate for Soldiers under the provisions of paragraph 5-17. (3) Chapter 5, paragraph 5-17a, commanders specified in paragraph 1-19 may approve separation under this paragraph. (4) Chapter 5, paragraph 5-17a (9) (a), the conditions of the personality disorder is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier’s ability to perform duty. 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army (RA) on 17 April 2007. b. On 3 November 2010, the applicant was given a mental status evaluation at the 833rd Combat Stress Clinic, COB Adder, Iraq. The psychiatrist determined he has the mental capacity to understand and participate in proceedings, and was mentally responsible. The psychiatrist’s diagnostic impressions and remarks are as follows: * adjustment disorder with disturbance of emotions and conduct * narcissistic, antisocial, and passive aggressive personality features (as suggested by psycho logic testing, MMPI-2) * obesity * service member is not currently at significant risk for suicide or homicide * service member manifests a disorder of character, behavior and adaptability that is of such severity so as to preclude further military service * professional opinion that the applicant will not respond to Command efforts of rehabilitation, or to any behavioral health treatment methods currently available at this military behavioral health facility c. On 8 November 2010, the applicant’s immediate commander notified him that action was being initiated to separate him under the provisions of AR 635-200, chapter 5, paragraph 5-17a for other physical or mental conditions. The company commander recommended separation, with a general discharge. Also on 8 November 2010, he acknowledged receipt of the commander’s decision to recommend him for separation. d. On 26 November 2010, after having been advised by his consulting counsel on the basis for the contemplated action to separate him under AR 635-200, chapter 5, paragraph 5-17a, the applicant retained his rights. e. On 27 November 2010, the applicant’s commander the applicant’s separation for other designated physical or mental conditions, under the provisions of AR 635-200, chapter 5, paragraph 5-17a, with an honorable characterization of service. f. Memorandum from Trial Counsel, Headquarters, 224th Sustainment Brigade, dated 27 November 2010, stating the separation packet is administratively correct. g. On 27 November 2010, the separation authority approved the separation action under the provisions of AR 635-200, paragraph 5-17a and directed an honorable characterization of service and not be transferred to the Individual Ready Reserve. h. On 10 December 2010, he was discharged from the RA. He completed 3 years, 7 months, and 24 days of active service. His DD Form 214 shows he was awarded or authorized: * Army Achievement Medal * Army Good Conduct Medal (First Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Korean Defense Service Medal * Iraq Campaign Medal with Campaign Star * Army Service Ribbon * Oversees Service Ribbon (2nd Award) * Certificate of Achievement * Sharpshooter Marksmanship Qualification Badge (M-16) i. His DD Form 214 shows in: * Item 23 (Type of Separation) – Discharge * Item 24 (Character of Service) – Honorable * 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 5. By regulation, Soldiers discharged under the provisions of paragraph 5-17 of AR 635-200 are assigned Separation Code JFV. The corresponding RE Code associated with this Separation Code is RE-3. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the regulatory guidance reflected above in paragraph 5 of this Record of Proceedings, the RE code appropriate for an administrative separation under AR 635-200, paragraph 5-17 is an RE code of 3. As a result, the Board concluded there was no error or injustice which would warrant making a change to the applicant’s RE code. However, the Board wanted to advise the applicant that if continued military service was of interest to him, he can obtain permission to reenter military service with a waiver. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 601-210 (RA and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 lists the RA RE eligibility codes: a. 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. b. RE-2 is no longer used, effective 1995. c. 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. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It identifies SPD code JFV as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-17, based on a condition, not a disability. 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper RE code to assign to Soldiers separated with SPD code JFV. ABCMR Record of Proceedings (cont) AR20170000830 6 1