IN THE CASE OF:  

		BOARD DATE:  21 May 2020

		DOCKET NUMBER:  AR20170015973


APPLICANT REQUESTS:  reconsideration of his previous request for a change of his 
special program designator (SPD) code, reentry (RE) code and his narrative reason 
for separation in order to reenter the military.  The applicant also requests a personal 
appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	2 DD Forms 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	Letter from D.C. Metro Police Dept.
*	Psychologist Evaluation Report
*	VA Form 21-0960P-2 (Mental Disorders (Other Than PTSD and Eating 
Disorders) Disability Benefits Questionnaire)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1. Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20160000834 on 19 September 2017.

2.  The applicant states the medical reasons for his discharge are inaccurate and false.

3.  After having had prior enlisted service in the U.S. Air Force, the applicant enlisted 
into the U.S. Army Reserves (USAR) on 2 October 2008.

4.  The applicant was ordered to active duty in support of Operation Enduring 
Freedom and entered active duty on 20 August 2012.  At some point, he was diagnosed 
with a medical condition that failed retention standards.  He was retained on active duty 
to participate in the Reserve Component Medical Retention Processing Program.

5.  His narrative summary shows he entered the Integrated Disability Evaluation System 
(IDES) on or around 6 November 2012 following a medical examination that diagnosed 
him with various ailments as shown on his medical evaluation board (MEB) when he 
failed to meet retention criteria in accordance with Army Regulation 40-501 
(Standard of Medical Fitness). 

6.  On 8 March 2013, a MEB diagnosed the applicant with a psychotic disorder, not 
otherwise specified (NOS), which was medically unacceptable in accordance with Army 
Regulation 40-501, paragraph 3-31.  On 18 March 2013, the applicant did not agree 
with the board's findings and recommendations.  The applicant indicated his appeal 
was attached; however, it is not available for the board's review.

7.  On 5 August 2013, a formal physical evaluation board (PEB) convened and found 
the applicant unfit due to psychotic disorder, NOS.  The PEB rated the applicant 
at a 50 percent disability rating and recommended his placement on the temporary 
disability retired list (TDRL).  On 8 August 2013, the applicant did not concur and his 
written appeal was not attached.

8.  The U.S. Army Physical Disability Agency (USAPDA) reviewed the applicant's PEB 
processing and approved it on behalf of the Secretary of the Army.

9.	On 20 September 2013, the applicant was temporarily retired from active duty under 
the provisions Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, 
or Separation), chapter 4, by reason of disability.  His DD Form 214 shows narrative 
reason for separation was disability, temporary (Enhanced) and his RE code was 4R.

10.  On 18 September 2015, following a medical examination, a formal TDRL PEB 
convened and found that upon reevaluation, although some changes in his medical 
condition may be anticipated, for the purpose of adjudicating his disability 
compensation, his condition was considered to have stabilized at a degree of severity 
that was equal to or greater than 30 percent. Therefore, permanent retirement was 
recommended.

11.  On 3 December 2015, USAPDA published Orders D337-04 removing the applicant 
from TDRL and permanently retiring him with a 70 percent disability rating.

12.  On 19 September 2017, ABCMR denied the applicant's request for a change of his 
SPD/RE codes and his narrative reason for separation. 

13.  The applicant provides a psychological evaluation report from a licensed clinical 
psychologist, dated 31 May 2017, which states, in effect, the applicant does not suffer 
from any psychological disorders.  There were no clinical scales in the statistically 
significant ranges indicating the presence of psychology.  

14.  On 17 March 2020, the ABCMR obtained an advisory opinion from a Medical 
Advisor with Army Review Boards Agency (ARBA), who states in part, the civilian 
provider made a clinical assessment based on the available data and the applicant's  
self-reported of symptoms.  However, the applicant's Department of Defense and 
Department of Veterans Affairs medical records show two hospitalizations and 
outpatient appointments which document episodes of psychosis and 
delusional/paranoid beliefs.  Both Psychotic Disorder and Paranoid Schizophrenia are 
unfitting conditions that warrant medical retirement.  Inpatient hospitalizations provide 
opportunities for extended behavioral observations, response to medications, and 
clarifications of symptoms.  In addition, the applicant's father provided additional 
examples of behaviors/beliefs that support the diagnoses and led to the involuntary 
admission.  The applicant's employment with Borderline Police Unit, LLC and firearms 
approval do not negate his diagnoses. The diagnosis at the time of his discharge and 
resulting medical retirement were appropriate.  A copy of the complete medical advisory 
was provided to the Board for their review and consideration.

15.  On 29 April 2020, the applicant was provided a copy of the Advisory Opinion.  He 
did not respond. 

16.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) establishes the Army Disability Evaluation System and sets forth policies, 
responsibilities, and procedures that apply in determining whether a Soldier is unfit 
because of physical disability to reasonably perform the duties of his office, grade, rank, 
or rating.  

17.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness 
standards for enlistment, induction, appointment (including officer procurement 
programs), retention, and separation (including retirement).  

18.	  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. 

19.	  Army Regulation 635-5-1 (Separation Program Designators (SPD)) 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. 

20.  The SPD/RE Code Cross Reference Table provides instructions for determining the 
RE code for Active Army and Reserve Component Soldiers. 

21.  Army Regulation 15-185 (ABCMR) states ABCMR members win review all 
applications that are properly before them to determine the existence of an error or 
injustice.  The ABCMR will decide cases on the evidence of record.  It is not an 
investigative body.  The ABCMR may, in its discretion, hold a hearing.  Applicants do 
not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant 
a formal hearing whenever justice requires.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his disability evaluation system proceedings and the reason for his separation.  
The Board considered Psychologist Evaluation Report provided by the applicant and the 
review and conclusions of the medical advising official.  The Board concurred with the 
conclusions of the advising official and determined, based on a preponderance of 
evidence, that the SPD code, RE code and narrative reason for separation as reflected 
on his DD form 214 were not in error or unjust.

2.  The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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.  Army Regulation 635-40 establishes the Army Disability Evaluation System and sets 
forth policies, responsibilities, and procedures that apply in determining whether a 
Soldier is unfit because of physical disability to reasonably perform the duties of his 
office, grade, rank, or rating.  Only the unfitting conditions or defects and those which 
contribute to unfitness will be considered in arriving at the rated degree of incapacity 
warranting retirement or separation for disability.

2.  Army Regulation 40-501 governs medical fitness standards for enlistment, induction, 
appointment (including officer procurement programs), retention, and separation 
(including retirement).  The Department of Veterans Affairs Schedule for Rating 
Disabilities (VASRD).  VASRD is used by the Army and the VA as part of the process of 
adjudicating disability claims.  It is a guide for evaluating the severity of disabilities 
resulting from all types of diseases and injuries encountered as a result of or incident to 
military service.  This degree of severity is expressed as a percentage rating which 
determines the amount of monthly compensation.

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 provides a list 
of RE codes.

•	RE-1 applies to Soldiers completing their terms of active service who are 
considered 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 time of separation, but disqualification is waivable - they 
are ineligible unless a waiver is granted

4.	  Army Regulation 635-5-1 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 SEK as the appropriate code to assign enlisted 
Soldiers who are retired under the provisions of Army Regulation 635-40, chapter 4, by 
reason of temporary disability.

5.  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 the RE 
code of 4R as the proper RE code to assign to enlisted Soldiers retired by reason of 
disability with an SPD code of SEK.

6.  Army Regulation 15-185 (ABCMR) states ABCMR members win review all 
applications that are properly before them to determine the existence of an error or 
injustice. The ABCMR will decide cases on the evidence of record. It is not an 
investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not 
have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a 
formal hearing whenever justice requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170015973


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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