MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 May 2003
         DOCKET NUMBER: AR2002080594

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Mark D. Manning		Member
Mr. Robert Duecaster		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his Reentry (RE) Code be changed from "3" to "1", that his Separation Code be changed from "JFX" to "JCC", that his narrative reason for separation be changed to entry level separation and that his service be uncharacterized.

APPLICANT STATES: In effect, that he was unjustly discharged by reason of a character and behavior disorder, when in fact, he does not and did not have a character and behavior disorder. He further states that he desires to again enlist; however, none of the branches of the service will grant him a waiver to enlist.

EVIDENCE OF RECORD: The applicant's military records show:

He initially served in the Navy from 27 August 1981 until his honorable discharge on 24 August 1985.

He was a college graduate when he enlisted in the Regular Army at the age of 35, on 21 August 1998. He successfully completed his training and was transferred to Fort Drum, New York, for duty as a patient administrative specialist.

While at Fort Drum, he submitted a request for discharge as a conscientious objector. In connection with his request, he was referred for a mental status evaluation. The examining official opined that there was no evidence of emotional instability revealed during the clinical interview; however, the applicant harbors strong beliefs and ideas that are not conducive to service in the Armed Forces. The applicant was psychiatrically cleared for any administrative action deemed appropriate by the chain of command.

His request was denied and he indicated that he would use any legal means possible to get out of the Army.

The applicant was referred for a psychiatric evaluation and was diagnosed with an adjustment disorder with depressed mood, occupational problems and a personality disorder. The examining psychiatrist recommended that he be administratively discharged under the provisions of Army Regulation 635-200, chapter 5, due to a personality disorder.

The applicant's commander initiated a recommendation to discharge the applicant from the service under the provisions of Army Regulation 635-200, chapter 5, by reason of a personality disorder. After being advised of his rights and the impact of the discharge action, the applicant waived his rights and elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation on 9 February 2000 and directed that he be furnished an Honorable Discharge Certificate.
Accordingly, he was honorably discharged on 17 February 2000, under the provisions of Army Regulation 635-200, chapter 5, by reason of a personality disorder. He had served 1 year, 5 months and 27 days of active service during his current enlistment and was issued a RE Code of "3".

On 3 December 2001, the applicant applied to the Army Discharge Review Board to have his RE Code and characterization of service changed. He contended at that time that the mental status evaluation and an evaluation by the Department of Veterans Affairs (VA) in Macon, Georgia, clearly indicated that he did not have a personality disorder and that the time between the mental status evaluation and the psychiatric evaluation was not enough time to develop a personality disorder. He further indicated that he wanted his service uncharacterized so that he would not have to request a waiver to enlist. The ADRB determined that his discharge and the reasons therefore, were both proper and equitable and voted unanimously to deny his request on 13 February 2002.

Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge because of a personality disorder. It states, in pertinent part, that a soldier may be separated for personality disorders that interfere with assignment to or performance of duty. The diagnosis of personality disorder must have been established by a physician trained in Psychiatry and psychiatric diagnosis. Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the soldier’s ability to function effectively in the military environment is significantly impaired. That regulation also provides that service will be uncharacterized when the individual being separated is in an entry level status and has 180 days or less of active service at the time the discharge proceedings are initiated.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted.

Army Regulation 601-210 governs eligibility criteria, policies and procedures for enlistment and processing of persons into the Regular Army and Reserve Components. It provides, in pertinent part, that a waiver for enlistment is required of all persons enlisting who were separated for a personality disorder, entry level performance or conduct and persons who profess conscientious objections or religious convictions which preclude unrestricted assignments and who desire to enlist as noncombatants.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

3. The applicant was separated under the provisions of Army Regulation 635-200, chapter 5; by reason of a personality disorder and was properly issued an RE Code of "3" in accordance with the applicable regulations. He has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE Code at the time of his separation or that he was improperly separated.

4. The Board has noted the applicant's contentions and find them to be without merit. At the time separation proceedings were initiated, the applicant was afforded the opportunity to challenge the proceedings and to submit matters in his own behalf. He elected not to do so in order to receive a discharge. While he may now believe that he made the wrong choice, he has failed to convince the Board that he was improperly diagnosed at the time as having a personality disorder.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___mdm_ ___sac __ ___rld___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002080594
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/05/08
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 4	100.0300/re code
2.
3.
4.
5.
6.