RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050017932


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert Osborn                 |     |Chairperson          |
|     |Mr. John Moeller                  |     |Member               |
|     |Ms. Naomi Henderson               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his narrative reason for separation,
separation code, and reentry (RE) code be changed.

2.  The applicant states, in effect, that there are no medical records to
show he had a personality disorder because he was never seen by a
physician.  He contends that after he returned from the Gulf War he clashed
with a platoon sergeant and being young and naïve he took the easy way out
of the service.  He also contends that he was just discharged and at the
time he wanted to get out fast.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
5 February 1992.  The application submitted in this case is dated 8
December 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 17 May 1989 for a period of 4 years.  He
served as an M1 Abrams tank system mechanic in Southwest Asia.

4.  On 20 December 1991, the applicant underwent a mental status evaluation
and was diagnosed with an antisocial personality disorder.

5.  On 5 February 1992, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, chapter 5, for personality disorder.

6.  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the
entry, "AR [Army Regulation] 635-200, PARA [paragraph] 5-13."  Item
26 (Separation Code) on his DD Form 214 shows the entry, "JFX."  Item
27 (Reentry Code) shows the entry, “3.”  Item 28 (Narrative Reason for
Separation) on his DD Form 214 shows the entry, "PERSONALITY DISORDER."

7.  Army Regulation 635-200 provides the basic authority for the separation
of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be
separated for personality disorder, not amounting to disability under Army
Regulation 635-40, that interferes with assignment to or performance of
duty. The regulation requires that the condition is a deeply ingrained
maladaptive pattern of behavior of long duration that interferes with the
Soldier's ability to perform duty.  The diagnosis of personality disorder
must have been established by a physician trained in psychiatry and
psychiatric diagnosis.

8.  Army Regulation 635-5-1 (Separation Program Designator Codes)
prescribes the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the separation program designators to be used for these stated
reasons.  The regulation states the reason for discharge based on
separation code “JFX” is “Personality Disorder” and the regulatory
authority is Army Regulation 635-200, paragraph
5-13.

9.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned RE codes, based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies, and procedures for enlistment
processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of
that regulation prescribes basic eligibility for prior service applicants
for enlistment.  That chapter includes a list of armed forces RE codes.

10.  RE-3 applies to persons who are not qualified for continued Army
service, but the disqualification is waivable.

11.  The Separation Program Designator Code/Reentry Code Cross Reference
Table, dated 2 October 1989, shows that SPD "JFX" will be issued a RE code
of 3.

DSCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed the
applicant was properly diagnosed with a personality disorder by competent
and appropriate military medical authorities.

2.  The narrative reason for separation, the separation code, and the RE
code used in the applicant’s case are correct and were applied in
accordance with the applicable regulations.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 5 February 1992; therefore, the time for the
applicant to file a request for correction of any error expired on 4
February 1995.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

RO_____  _JM_____  _NH_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.


                                  __Robert Osborn_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017932                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0200                                |
|2.                      |100.0300                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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