RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060005534


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |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, in effect, that the reenlistment code on his DD
Form 214 (Certificate of Release or Discharge from Active Duty) be
upgraded.

2.  The applicant states, in effect, that the Veteran Affairs provided care
for his medical condition and informed him that the condition would not
prevent him from serving in the military.

3.  The applicant provides a copy of his DD Form 214 and a Houston Veterans
Affairs Medical Center (VAMC) medical record, dated 18 January 2006, in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 September 2002, the date of his discharge.  The application
submitted in this case is dated 5 April 2006.

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 in the Army on 3 April 2000 for a period of 6
years.  After completion of basic and advanced individual training, he was
awarded military occupational specialty 67T (UH-60 Helicopter Repairman).

4.  The applicant's records show that during the period 3 April 2002
through 10 July 2002, he was counseled on six separate occasions for
failure to obey a direct order, failure to communicate, insubordinate
conduct, sudden outburst of anger, misconduct, not following instructions,
and being administratively grounded.




5.  On 4 June 2002, the applicant was notified that he was being referred
for a mental health evaluation based on his "excessive mood swings,
repeated expression of anger in a physical manner, and outbursts of anger."
 The applicant acknowledged the notice of the referral for a mental health
evaluation and his rights.

6.  DA Form 3822-R (Report of Mental Status Evaluation), dated 3 July 2002,
shows that the applicant received a mental status evaluation by medical
officer that served as the Division Psychologist at the Division Mental
Health Service on 10 June 2002.  This form shows that the reason for the
mental status evaluation was for personality disorder.  The examining
medical officer indicated the applicant demonstrated a poorly developed
personality and sense of self which resulted in impulsive and immature
behaviors.

7.  The examining medical officer stated that the applicant manifested a
long-standing disorder of character, behavior, and adaptability that is of
such severity so as to preclude further military service.  The examining
medical officer further stated that due to the life-long patterns of
maladaptive responses to routine stress, the applicant may become
potentially dangerous to self and to others in the future.

8.  The examining medical officer indicated that the applicant does not
meet the criteria for a Medical Evaluation Board or a Physical Evaluation
Board.  The examining medical officer recommended that the applicant's
command consider expeditious administrative separation under the provisions
of chapter 5 of Army Regulation 635-200 (Active Duty Enlisted
Administrative Separations).

9.  The applicant's commanding officer recommended that he be separated
from active service under the provisions of paragraph 5-13 of Army
Regulation 635-200.

10.  On 8 August 2002, the Judge Advocate for Headquarters, Aviation
Brigade, 25th Infantry Division found the applicant's separation packet
legally sufficient.

11.  The officer in command of Headquarters, 25th Aviation Brigade, 25th
Infantry Division approved the recommendation to separate the applicant
under the provisions of paragraph 5-13 of Army Regulation 635-200.





12.  The applicant's DD Form 214 shows that he was discharged on
23 September 2002 under the provisions of paragraph 5-13 of Army Regulation
635-200 for personality disorder.  This form further shows he was separated
in the pay grade of E-4, with a separation code of JFX, an reentry code of
RE-3, and issued an honorable discharge.  This form also shows he served
2 years, 5 months, and 21 days of net active service.

13.  The applicant submitted a medical record, dated 16 March 2005, which
show he underwent an examination at Houston VAMC.  This form shows the
applicant was assessed with an anxiety disorder with some post-traumatic
stress disorder features and pain in the left knee.  Under the "Plan"
section of this report, it states that the applicant "is not a danger to
self or others and can be managed on an outpatient basis."

14.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 5-13 of the regulation
provides, in pertinent part, that a Soldier may be separated for
personality disorder that interferes with assignment or with performance of
duty and that the condition is a deeply ingrained maladaptive pattern of
behavior of long duration that interferes with the Soldier's ability to
perform duty.

15.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) covers eligibility criteria, policies and procedures for
enlistment and processing into the Regular Army (RA) 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, including RA RE codes.  RE-3 applies to persons who
are not considered fully qualified for reentry or continuous service at
time of separation, but this disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code be changed to a more favorable
code which would allow him to reenlist in the Army.

2.  The evidence of record confirms the applicant's separation processing
was accomplished in accordance with the applicable regulation.  All
requirements of law and regulation were met, and his rights were fully
protected throughout the separation process.


3.  By regulation, the RE code assigned to members separated by reason of
Personality Disorder (JFX) is RE-3.  In this case, the RE-3 code assigned
to the applicant was the proper code for members separating for personality
disorder.  Therefore, the applicant's reenlistment code was correct at the
time of his separation.

4.  Absent any evidence of error or injustice that would warrant further
relief, the RE-3 code assigned to the applicant remains valid.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 September 2002; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 September 2005.  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.

7.  The applicant is advised that although no further change to his RE code
is recommended, this does not mean he is being denied reenlistment.  While
RE-3 does apply to persons who are not considered fully qualified for
reentry or continuous service; there are provisions that provide for a
waiver of the disqualification.  If he desires to reenlist, he should
contact a local recruiter to determine his eligibility.  Those individuals
can best advise a former service member as to the needs of the Army at the
time, and are required to process RE code waivers.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JEA____  __JLP___  _SWF___  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.




                                    ___James E. Anderholm
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005534                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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