RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060002016


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 the separation code on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be changed so he can
keep the enlistment bonus he was given.

2.  The applicant states he was never informed that the money given was to
be paid back.  He states that he was graciously allowed to end his military
career to help take care of his mother, who was diagnosed with cancer in
August 2005.  He also states he did not have any disciplinary problems and
was given an honorable discharge.  He has no financial assistance and
wishes to be free of this debt.

3.  The applicant provides his DD Form 214 and his DFAS-DE Form 0-641
(Statement of Military Pay Account).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 27 March 2003 under
the delayed entry program (DEP).  His Statement for Enlistment shows he
enlisted for training in military occupational specialty (MOS) 98H (Morse
Interceptor).

2.  The applicant’s Statement of Enlistment shows he enlisted for the U.S.
Army Incentive Enlistment Program for a cash bonus in the amount of $9,000.


3.  His Statement of Understanding-United States Army Incentive Program
Enlistment Program indicates he acknowledged and understood that he was
enlisting for an incentive of a cash bonus in the amount of $9,000.  Item 4
(Statement and Conditions) states, “I must stay qualified in my incentive
MOS for the duration of my initial enlistment, unless otherwise directed by
Headquarters, Department of the Army.”

4.  The applicant enlisted in the Regular Army on 21 August 2003 for a
period
of 6 years.  He completed basic training and advanced individual training
and was awarded MOS 98H.

5.  The applicant’s Service School Academic Evaluation Report (DA Form
1059) shows he completed the required training and was awarded MOS 96B
(Intelligence Analyst) in May 2005.

6.  The applicant underwent a mental status evaluation on 22 August 2005.
The psychiatrist stated the applicant had a longstanding pattern of
maladaptive coping skills making him unsuitable for continued military
service and recommended separation under the provisions of Army Regulation
635-200, paragraph 5-13 for personality disorder, and a bar to
reenlistment.

7.  The unit commander notified the applicant of pending separation action
under the provisions of Army Regulation 635-200, paragraph 5-13 for
personality disorder, date unknown.  The unit commander stated that the
applicant was diagnosed as having a character and behavior disorder as
outlined in Army Regulation 635-200, paragraph 5-13 and described in the
Diagnostic and Statistical Manual (DSM-IV) of Mental Disorders, 4th
Edition.  The unit commander stated that the extent of the disorder was so
severe that the applicant’s ability to function effectively in a military
environment was significantly impaired.  The applicant was advised of his
rights.

8.  The applicant acknowledged notification of the separation action,
consulted legal counsel, and did not submit statements in his own behalf.

9.  On an unknown date, the separation authority directed that the
applicant be separated from the service prior to the expiration of his
current term of service under the provisions of Army Regulation 635-200,
paragraph 5-13 with issuance of an Honorable Discharge Certificate.

10.  The applicant was discharged on 13 September 2005 under the provisions
of Army Regulation 635-200, paragraph 5-13 for personality disorder with an
honorable discharge.  He served 2 years and 23 days total active military
service.

11.  Item 26 (Separation Code) on his DD Form 214 shows a Separation
Program Designator (SPD) code of "JFX" (Personality Disorder).

12.  Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the
narrative reason as "PERSONALITY DISORDER."

13.  The applicant’s Statement of Military Pay Account covering the period
1 to 13 September 2005 shows $4,592.13 of his enlistment bonus was
recouped.

14.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific
authorities (regulatory, statutory, or other directives), the reasons for
the separation of members from active military service, and the SPD codes
to be used for these stated reasons.  The regulation, in effect at the
time, showed that the SPD code “JFX” as shown on the applicant’s DD Form
214 specified the narrative reason for separation as involuntary release or
transfer for “Personality Disorder” and that the authority for separation
under this separation program designator was “AR 635-200, Paragraph 5-13."


15.  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 Soldiers ability to perform duty.  The regulation also
directs that commanders will not take action prescribed in Chapter 5 in
lieu of disciplinary action.  The service of a Soldier separated per this
paragraph will be characterized as honorable unless an entry level
separation is required under chapter 3, section III.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 27 March 2003.  His Statement of
Enlistment indicates he enlisted for training in MOS 98H and was authorized
entitlement to a cash bonus in the amount of $9,000.  At the time of his
enlistment, he acknowledged that he would remain qualified in his incentive
MOS for the duration of his initial enlistment.

2.  The evidence of record shows the applicant reclassified into MOS 96B in
May 2005.

3.  The applicant was separated from active duty on 13 September 2005 under
the provisions of Army Regulation 635-200, paragraph 5-13 based on
personality disorder.

4.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

5.  The applicant's DD Form 214 properly reflects he was separated with a
separation code of "JFX" in accordance with the governing regulation in
effect at the time.

6.  It appears that the applicant’s enlistment bonus was recouped due to
his discharge from active duty.  Since he did not remain qualified in his
incentive MOS for the duration of his initial enlistment, there is no basis
for changing his separation code so he can keep the enlistment bonus.

7.  The applicant has failed to show through the evidence submitted or the
evidence of record that the narrative reason given to his was in error or
unjust.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM______  SF______  RH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  Jeanette McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002016                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |110.0200                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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