IN THE CASE OF: BOARD DATE: 31 July 2020 DOCKET NUMBER: AR20170016711 APPLICANT REQUESTS: The applicant requests to change his reentry (RE) code. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 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 he would like his re-enlistment code changed, so that he can enlist in the Colorado National Guard. He feels there was a false statement in his medical records. His service treatment record says he attempted suicide in the past and that is incorrect. 3. On 17 August 2010, the applicant enlisted in the Regular Army for a period of 3 years and 28 weeks. He did not complete training requirements; therefore, he was not awarded a military occupational specialty. 4. His record contains an Entrance Physical Standards Board (EPSBD) Proceedings dated 2 February 2011. In pertinent part, the proceedings state: a. The applicant was treated for depression between the ages of 13 to 16. He had a history of cutting himself starting before age 13 as well as a suicide attempt by overdose at age 13. He had been seen weekly at Nelson Community Mental Health over the past month. Psychometric testing completed by Dr. R, generating a valid profile, indicative of depressive and anxiety disorder. b. The applicant had a history of abuse, which he apparently did not reveal in previous psychotherapy. He was recycled in week 8 or 9 in basic training due to his closed stress fracture of leg. He reported an increase in depressive and anxious symptoms after he reported he was physically and mentally abused by a drill sergeant in his unit (it was currently under investigation). The applicant met Diagnostic and Statistical Manual of Mental Disorders (DSM), fourth edition (IV) criteria for Anxiety Disorder (not otherwise specified (NOS)). The current symptoms included feeling restless, anxiety, depression, difficulty falling asleep, nightmares, loss of interest in activities, fears a loss of control over emotions, low self-esteem, feeling guilty, being upset by problems at home or work, disturbing or unusual thoughts, feelings, or sensations, and interpersonal relationship problems. c. The applicant did not reveal his medical issues to the Military Entrance Processing Command. d. The EPSBD Proceedings also show: * Functional status/psychiatric impairment: Moderate * Diagnosis: Axis I – Anxiety Disorder (NOS); Axis II – Deferred; Axis III – Migraine headaches by history; Axis IV – Moderate; Axis V – 65. * Disposition: It was recommended that the applicant be separated from the military. He did not meet the Standards of Medical Fitness (Army Regulation 40-501), Chapter 2-27j,k. * EPTS (existed prior to service): Yes; Service Aggravated: Yes; Waiver was not recommended. e. On 24 February 2011, the medical approving authority approved the findings of the EPSBD. f. On 9 March 2011, after being informed of the findings, the applicant concurred with the proceedings and requested to be discharged from the Army without delay. g. On 15 March 2011, his unit commander recommended he be discharged. h. On 21 March 2011, the discharge authority approved the applicant’s discharge/separation under the provisions of Chapter 5-11, Army Regulation (AR) 635- 200 (Active Duty Enlisted Administrative Separations), failure to meet procurement of medical fitness standards. The applicant had not completed the requirements to be awarded a military occupational specialty. 5. On 24 March 2011, the applicant was discharged accordingly. His DD Form 214 confirms he was discharged in accordance with the discharge authority’s directive, and shows in: * item 24 (Character of Service): Honorable * item 25 (Separation Authority): AR 635-200, Paragraph 5-11 * item 26 (Separation Code): “JFW” * item 27 (Reentry (RE) Code): “3” (ineligible unless a waiver is granted) * item 28 (narrative reason for separation): Failed Medical/Physical/Procurement Standards 6. On 17 June 2020, U.S. Army Criminal Investigation Command provided a memorandum to the Army Review Boards Agency, Case Management Division (CMD). In pertinent part, the memorandum states a search of the Army criminal file indexes utilizing the information CMD provided revealed no records pertaining to the applicant. You are advised that records at this center are Criminal Investigative and Military Police Reports and are indexed by personal identifiers such as names, social security numbers, dates and places of birth and other pertinent data to enable the positive identification of individuals. The Criminal Investigation Command had no reports for investigation of physical and mental abuse of the applicant by a Drill Sergeant. 7. In regards to the applicant's request to change his RE Code so he can enlist in the Army National Guard. The reentry code of RE-3 on his DD Form 214 is correct according to regulation and the SPD/RE Code Cross Reference table. An RE-3 code applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation. The disqualification can be waived by the appropriate authority. 8. In regards to the applicant’s contention that his medical records falsely state he attempted suicide. His records contained a copy of EPSBD proceedings stating, in pertinent part, he was treated for depression between the ages of 13 to 16. He had a history of cutting himself starting before age 13 as well as a suicide attempt by overdose at age 13. He had been seen weekly at Nelson Community Mental Health over the past month. 9. AR 635-200 (Active Duty Enlisted Administrative Separations) 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. a. Paragraph 5-11 states, in pertinent part, Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty (AD) or active duty for training (ADT) for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of AD. Such findings will result in an entrance physical standards board. This board, which must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedure (paragraph 2–2) required for separation under this chapter. b. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier’s initial entrance on AD for Regular Army. 10. AR 601-210 (Regular Army and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army, the U.S. Army Reserve, and the Army National Guard. The regulation includes a list of Armed Forces RE codes including Regular Army RE codes. RE-3 applies to persons separated with a disqualification that can be waived by appropriate authority. This RE code applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Persons are ineligible unless a waiver is granted. 11. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code of "JFW” is the correct code for Soldiers separated under AR 635-200, paragraph 5-11, and "failed medical/physical/procurement standards" is the corresponding entry for the narrative reason for separation. The SPD/RE Code Cross Reference Table stipulates that an RE code of 3 will be assigned to members separated under these provisions with an SPD code of "JFW." 12. Army Regulation 15–185 (Army Board for Correction of Military Records), the regulation that governs and prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. 13. In reaching its determination, the Board can consider the applicant’s petition and service record in accordance with the published equity, injustice, or clemency determination guidance. 14. Based on the applicant's contention the Army Review Board Agency medical staff provided a medical review for the Board members. See "MEDICAL REVIEW" section. MEDICAL REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s military records. A review of the Armed Forces Health Longitudinal Technology Application (AHLTA) & Health Artifacts Image Management Solutions (HAIMS) indicates he was diagnosed with Adjustment Disorder with mixed emotional features on 19 Jan 2011. He reported stress from training and anxiety about his wife’s miscarriage and how she was coping. During his follow-up session on 26 Jan 2011, the applicant reported anxiety and anger about his childhood abuse. He reported previous history of cutting behavior and overdose on his mother’s medication. He reported military training was reminding him of the abuse. On 31 Jan 2011, his provider changed his diagnosis to Anxiety Disorder, not otherwise specified (NOS). His provider completed paperwork for a Chapter 5-11 administrative separation. On 2 Feb 2011, the Entrance Physical Standards Board (EPSBD) determined his behavioral condition existed prior to his service and did not meet accession standards. The applicant concurred with the findings. On 3 Feb 2011, his separation physical was completed. A review of VA’s Joint Legacy Viewer (JLV) indicates the applicant was diagnosed with PTSD due to childhood abuse on 8 Jan 2019. He has a service connected disability rating of 60% with 50% for PTSD and 10% for Tinnitus. The separation code and reenlistment code are reflective of his preexisting behavioral health condition and not meeting accession standards. No change in his reenlistment code is warranted. Requests to change medical records are not in the purview of ARBA and must be addressed through the Patient Administrative Department at the respective treatment facility. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board agreed with the Medical Advisory Opinion. Per regulation, the separation code and reenlistment code are reflective of the applicant’s preexisting behavioral health condition and not meeting accession standards. The applicant’s record contains evidence of his behavioral condition existing prior to service. The Board found insufficient evidence of an error or injustice in the applicant’s case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. AR 635-200 (Active Duty Enlisted Administrative Separations) 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. a. Paragraph 5-11 states, in pertinent part, Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty (AD) or active duty for training (ADT) for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of AD. Such findings will result in an entrance physical standards board. This board, which must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedure (paragraph 2–2) required for separation under this chapter. b. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier’s initial entrance on AD for Regular Army. 3. AR 601-210 (Regular Army and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army, the U.S. Army Reserve, and the Army National Guard. The regulation includes a list of Armed Forces RE codes including Regular Army RE codes. RE-3 applies to persons separated with a disqualification that can be waived by appropriate authority. The RE-3 code applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Persons are ineligible unless a waiver is granted. 4. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code of "JFW” is the correct code for Soldiers separated under AR 635-200, paragraph 5-11, and "failed medical/physical/procurement standards" is the corresponding entry for the narrative reason for separation. The SPD/RE Code Cross Reference Table stipulates that an RE code of 3 will be assigned to members separated under these provisions with an SPD code of "JFW." 5. Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170016711 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20170016711 7 ABCMR Record of Proceedings (cont) AR20170016711 6