RECORD OF PROCEEDINGS


      IN THE CASE OF:        .


      BOARD DATE:            16 November 2006
      DOCKET NUMBER:   AR20060005917


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Robert Soniak                 |     |Member               |
|     |Mr. David Tucker                  |     |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,
Reentry (RE) Code, Separation Code and the Separation Authority on his
report of separation (DD Form 214) be changed to a more favorable code.

2.  The applicant states, in effect, that he no longer suffers from a
personality disorder and he needs his DD Form 214 corrected to reflect more
favorable separation codes and entries because he is applying for a job as
a policeman.

3.  The applicant provides copies of his Department of Veterans Affairs
(VA) examination and a private medical evaluation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 June 2001.  The application submitted in this case is dated
6 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 Baltimore, Maryland, in the pay grade of E-3
on 16 November 2000, for a period of 4 years under the Civilian Acquired
Skills Program (ACASP) as a motor transport operator.  He completed his
basic combat training at Fort Sill, Oklahoma and was transferred to Fort
Hood, Texas, for assignment to an armor battalion.  He was advanced to the
pay grade of E-4 on 15 February 2001.

4.  All of the facts and circumstances surrounding the applicant’s
administrative separation are not present in the available records.
However, the available evidence does show that on 18 December 2001, the
applicant underwent a mental status evaluation and was diagnosed as having
an acute adjustment disorder and a personality disorder.

5.  On 29 April 2002, the applicant was counseled by his commander
regarding his involvement in several reoccurring incidents and given the
recommendation by mental health officials, he (the commander) was
initiating action to separate him (the applicant) from the service under
the provisions of Army Regulation  635-200, paragraph 5-13, due to a
diagnosed personality disorder.  The commander initiated the action on 7
May 2002 and provided the applicant a copy of the recommendation.

6.  After consulting with counsel, the applicant waived his rights and
declined to submit a statement in his own behalf.

7.  The appropriate authority approved the recommendation for discharge and
directed that he be furnished an Honorable Discharge Certificate.

8.  Accordingly, he was honorably discharged on 5 June 2002, under the
provisions of Army Regulation 635-200, paragraph 5-13, due to a personality
disorder.  He had served 1 year, 6 months and 20 days of total active
service.  He was assigned a RE Code of “3” and a separation code of “JFX”.

9.  The documents provided by the applicant consists of a medical exam
conducted by VA on 25 September 2003 which indicate that at the time the
applicant was in the military, the applicant exhibited the presence of a
personality disorder as manifested by a pattern of difficult behavior;
however, at the time of his examination, the applicant did not indicate the
presence of full constellation of difficulties needed for a personality
disorder diagnosis.  A letter authored from a private physician on 9
February 2006 opines that in his professional opinion, the applicant does
not and never has suffered from Borderline Personality Disorder.

10.  Army Regulation 635-200, paragraph 5-13 provides the criteria for
discharge because of a personality disorder.  It states, in pertinent 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.

11.  Army Regulation 635-5-1, Separation Program Designator Codes, provides
that personnel separated under the provisions of Army Regulation 635-200,
paragraph 5-13, will be issued a separation code of “JFX”.

12.  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 USAR.  Chapter 3 of that
regulation prescribes basic eligibility for prior service applicants for
enlistment.  That chapter includes a list of armed forces RE codes and
provides that personnel separated with a separation code of “JFX” will be
issued a RE Code of “3”.

13.  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.  RE-4 applies
to persons separated with a non-waivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was administratively correct
and in conformance with applicable regulations with no indication of any
violations of the applicant rights.  Accordingly, the type of discharge
directed and the reasons therefore were appropriate under the
circumstances.

2.  The Board has noted the applicant's contentions; however, he has failed
to show through the evidence submitted and the evidence of record that his
diagnosis at the time was incorrect or that he was unjustly separated for a
condition that did not exist.

3.  The fact that the VA and a private physician now opine that he is not
suffering with a personality disorder to the extent that he was diagnosed
at the time of his separation does not establish that the diagnoses at the
time was incorrect.  Therefore, lacking sufficient creditable evidence to
show that he was not suffering from a personality disorder at the time of
his separation and that he was improperly diagnosed, there appears to be no
basis to change the authority, narrative reason, separation code or RE Code
on his DD Form 214.

4.  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.






5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 June 2002; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 June 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JR____  ___RS __  __DT ___  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.




                                  _____Jeffrey Redmann_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005917                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20020605                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, PARA 5-13             |
|DISCHARGE REASON        |Personality Disorder                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |191/RSN/AUTH                            |
|1.110.0200              |                                        |
|2.100.0300              |4/RE CODE                               |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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