ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 October 2019 DOCKET NUMBER: AR20170010650 APPLICANT REQUESTS: correction of his Reentry Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to “1” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * character statement * separation packet * DD Form 214 * congressional Inquiry 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 (ABCMR) 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 he feels the RE code “3” is unjust, because his unit used something that happened in basic to discharge him. He corrected that issue while in basic training and overcame it. He has documentation to show that they had no grounds to chapter him, he had his defense to request a transfer and his command denied it and violated Army Regulations. He barely had time with his defense, because his command tried to prevent it. 3. The applicant provides: a. A character statement, which states in summary that the applicant has been trying to return to the service with no luck. He was dating in basic training when he and his girlfriend decided to make a commitment. The verbal harassment began when he informed his team leader about his plans to get married. He was illegibly told by one of his senior noncommissioned officers “if you do it, I’ll make you get a divorce quicker than you can get your first place together”. He experienced marriage problems and was and separated from his spouse. He was told to have no contact; no calls or texts whatsoever through a military protection order. The protection order ended up being lifted allowing him to come back home, but only after his leadership initiated an administrative separation. Over the next few months, he and his wife continued to have problems, mainly because of the uncertainty of the future of his career. He then broke down and pursued medical help, he was sent to an inpatient mental health facility. His leadership knew and went down to see him and promised to inform his wife of his location, the command failed on that promise. He was separated based on a diagnosed issued in basic training and they had no grounds to chapter him, he believes he should have been transferred to another unit. b. His approved separation packet, which shows he was discharged under the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations)), paragraph 5-7, for other designated physical or mental conditions. c. His DD Form 214, which shows his service from 27 April 2015 to 7 November 2016. d. His congressional inquiry, to Congressman X__ X__ on 28 June 2017, seeking assistance with his application to have his RE Code changed. 4. A review of the applicant's service record shows: a. He enlisted in the Regular Army on 27 April 2015. He was assigned to Bravo Company, 3rd Battalion, 7th Infantry Regiment, 2nd Infantry Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA. He completed basic and advanced individual training (AIT) and was award the military occupational specialty (MOS) 11B (Infantryman). b. His separation packet shows he was discharged under the provisions of AR 635-200 paragraph 5-7, for other designated physical or mental conditions. It also shows the trial defense counsel stated the packet was legally defective, because there is no evidence that the applicant was formally counseled concerning his specific deficiency. A violation of AR 635-200, paragraph. 1-16(b) (4). There is no evidence that the applicant was given an opportunity to overcome his deficiency before he was flagged for separation. Also in violation of AR 635-200, paragraph. 1- 16(b) (4). There is no evidence that the applicant’s deficiency continued after he was first diagnosed with it. This is in violation of AR 635-200, Para. 1-16(b) (1). He respectfully requested on behalf of the applicant that the command offers him a rehabilitative transfer to a different unit. If the applicant's adjustment disorder arises again, then the evidence will then be sufficient to chapter him. In this situation, the Army tried to do the right thing in attempting to hold the applicant to standards. However, the Army did not upheld its own regulatory standards in the process. Therefore, the trail defense counsel respectfully requested the command to reconsider the applicant's chapter. c. He underwent a mental evaluation on 14 July 2016 and the examiner stated he reviewed the applicant’s record in its entirety and found documentation of multiple Behavioral Health, evaluations since basic training. This was the third time the Soldier [applicant] was assessed for suicidal risk. He was not suitable for further deployment and should be expeditiously separated from active duty under the provisions of AR 635-200, chapter. 5-17 for chronic mental health problems. The Soldier [applicant] was well known to the undersigned [examiner] from prior evaluations presented in the clinic with documentation of suicide threat provided through command. This was the second evaluation of this Soldier [applicant] by the undersigned and there was an additional evaluation conducted at basic training for the same problems. Service-member [applicant] was not likely to improve substantially while on active duty. In the opinion of the undersigned [examiner] it was in the best interests of the Army and the Soldier [applicant] to proceed with a separation in accordance with AR 635-200. The mental status of the Soldier [applicant] he was CLEAR and he was cleared for any administration action deemed appropriate by command. d. He was honorably discharged from active duty on 7 November 2016, under the provisions of AR 635-200, chapter 5-17, Separation Designator Code (SPD) – JFV (condition, not a disability), Reentry Code “3”. He completed 1 year, 6 months and 11 days of net active service this period. He was assigned the Reentry Code provided by regulatory guidelines AR 601-210 (Regular Army and Army Reserve Enlistment Program) for separation under SPD – JFV - Physical condition, not a disability, interfering with performance of duty of RE-3. e. The applicant submitted an inquiry to the second district of Texas congressman TXXX PXXX on 28 June 2017, seeking assistance with his application to have his RE Code changed. 5. By regulation AR 635-5 (Separation Documents), in effect at the time, a DD Form 214 will be prepared for RC Soldiers completing 90 days or more days of continuous active duty. Block 27 states AR 601–210 (Regular Army and Army Reserve Enlistment Program) determines RE eligibility and provides regulatory guidance on reentry codes. These codes are not applicable to officers or to RC Soldiers being separated for other than cause. 6. By regulation AR 635-200, in effect at the time states in paragraph 1-16(b)(1) (counseling) the number and frequency of formal counseling sessions are discretionary. Such factors as the length of time since the prior counseling, the Soldier’s performance and conduct during the intervening period, and the commander’s assessment of the Soldier’s potential for becoming a fully satisfactory Soldier, must be considered in determining if further counseling is needed. Paragraph 1-16(b)(4), states the Soldier’s counseling or personal records must reflect that he/she was formally counseled concerning his/her deficiencies and given a reasonable opportunity to overcome or correct them. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. Based upon the facts and circumstances of the applicant’s separation, the Board agreed the reentry code was provided in accordance with regulatory guidance as there was a certainty he did not possess potential for continued military service.. 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 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. AR 635-5 (Separation Documents), in effect at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. * Paragraph 2-4a, completing the DD Form 214, states the information on all eight copies of the form must be legible. Each block of the form must have an entry; when data is not applicable, enter “NA,” “NONE” or hyphens, as appropriate. Avoid abbreviations whenever possible, since the form is often used by civilian organizations * Paragraph 2-4h, provides detailed instructions and source document(s) for completing each block of the DD Form214. It states for item # 27 Reentry Code. AR 601–210 determines RA and USAR reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to officers, USMA cadets who fail to graduate or enter USMA from active duty status, or to Reserve Component (RC) Soldiers being separated for other than cause. 3. AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 included a list of the Regular Army (RA) RE codes. RE codes are numbered 1, 3, and 4. * 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 * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted * RE-4 applies to Soldiers ineligible for reentry 4. AR 635-200 (Active Duty Enlisted Administrative Separations) in effect at the time sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. a. Paragraph 1-16(b) (1) (counseling) states the number and frequency of formal counseling sessions are discretionary. Such factors as the length of time since the prior counseling, the Soldier’s performance and conduct during the intervening period, and the commander’s assessment of the Soldier’s potential for becoming a fully satisfactory Soldier, must be considered in determining if further counseling is needed. b. Paragraph 1-16(b)(4), states the Soldier’s counseling or personal records must reflect that he/she was formally counseled concerning his/her deficiencies and given a reasonable opportunity to overcome or correct them. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170010650 5 1