RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060010017 


	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.


x

x

	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 discharge be changed from Personality Disorder to Expiration of Term of Service (ETS).  He also requests that his Reentry (RE) code be changed from RE-3 to RE-1.

2.  The applicant states he got married when he joined the Army.  His wife had several affairs which were investigated by his commander during his first tour of duty in Germany.  He thought things had worked out but by his second tour she had begun again.  He is now 44 years old and he wants to serve his country with honor.  He states he has never been convicted of a crime, he very seldom drinks, he does not do drugs, and he is gainfully employed.  He tried to reenlist after     “9-11” but he could not because of his record.   

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 6 January 1987.  The application submitted in this case is dated 11 July 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 Regular Army on 25 September 1980.  He completed basic training and advanced individual training at Fort Benning, Georgia.  He was awarded military occupational specialty 11C (Indirect Fire Infantryman), and he was assigned to Germany as a mortar gunner.  He was promoted to specialist four on 25 February 1981.  He was discharged on 30 July 1984 for immediate reenlistment.  

4.  The applicant reenlisted on 31 July 1984 for a period of four years.  

5.  On various occasions between May 1985 and November 1986, the applicant received numerous counseling statements for being missing from Headstart class; for his job performance; for his appearance and attitude; for being missing from formation; for his notification of insufficient funds; for being late for work; for his unsafe behavior to himself and other Soldiers; and for pending elimination from the service because of his past unsafe behavior to himself and to fellow Soldiers.

6.  The applicant’s personnel record contains a DA Form 3975 (Military Police Report), dated 5 November 1986, which indicates he made a suicide gesture on 10 October 1986.  

7.  The applicant underwent a mental status evaluation on 24 November 1986.  The psychiatrist stated the applicant did not have a psychiatric condition [that warranted a] for medical discharge.  The psychiatrist stated the applicant met the Diagnostic and Statistical Manual of Mental Disorders (DSM) III criteria for personality disorder.  The psychiatrist strongly recommended that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-13.

8.  On an unknown date, the applicant’s unit commander notified him of pending separation action under the provisions of Army Regulation 635-200, paragraph 
5-13, for personality disorder.  The applicant was advised of his rights.

9.  The applicant acknowledged notification of separation action, consulted with legal counsel, waived consideration of his case by an administrative separation board, and did not submit statements in his own behalf.  

10.  On an unknown date, the unit commander recommended the applicant be separated from the military under the provisions of Army Regulation 635-200, paragraph 5-13 because of personality disorder.  The unit commander indicated that the discharge was recommended because the applicant had a history of not being at his appointed place of duty on time and had shown behavior that was unsafe to himself and his fellow Soldiers.

11.  On an unknown date, the separation authority waived rehabilitation requirements and directed that the applicant be separated from the service with issuance of an Honorable Discharge Certificate.

12.  The applicant was discharged on 6 January 1987 under the provisions of Army Regulation 635-200, paragraph 5-13 for personality disorder with an honorable discharge.  He completed 2 years, 5 months, and 5 days on his current enlistment and 6 years, 3 months, and 12 days total active military service.

13.  The applicant’s DD Form 214 shows he was issued an RE code of RE-4.

14.  Item 26 (Separation Code) on his DD Form 214 shows a Separation Program Designator (SPD) code of "JFX" (Personality Disorder).
Block 28 (Narrative Reason for Separation) on his DD Form 214 shows the narrative reason as “PERSONALITY DISORDER.”

15.  A DD Form 215 (Correction to DD Form 214) was issued on 22 February 1988 which changed the applicant’s RE code from RE-4 to RE-3 and RE-3C.

16.  The applicant provided a Report of Behavioral Health Evaluation, dated 2 August 2006, which indicates he has no current potential for self harm, harm to others, or being absent without leave (AWOL).  The report states the applicant was discharged with a diagnosis of personality disorder 19 years previously.  A personality disorder was defined as an enduring pattern of maladaptive behavior that affects social and occupational functioning.  The psychiatrist states the applicant did not currently meet the criteria for a personality disorder and he was psychiatrically cleared for military service reentry.  

17.  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."  

18.  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 be a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldiers ability to perform duty.  

19.  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 and processing into the Regular Army (RA) and the US 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.  

20.  RE-3 code applies to persons not qualified for continued Army service, but the disqualification is waivable.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative discharge proceedings under the provisions of Army Regulation 635-200, paragraph 5-13 were conducted in accordance with law and regulations applicable at that time.

2.  The applicant was examined by competent military medical personnel who made a valid determination that he had a personality disorder at the time of his separation.  His DD Form 214 properly reflects he was separated with a separation code of “JFX” for Personality Disorder.  

3.  The applicant's DD Form 214 reflects he was assigned an RE code of RE-4.  His RE code of RE-4 was later changed to RE-3 and RE-3C.  

4.  The applicant's disqualification for reentry is waivable under Army enlistment criteria.  Therefore, he can contact his local recruiter to determine if he is eligible for applying for a waiver under current enlistment criteria.

5.  The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason for separation and the reentry code issued to him was in error or unjust.  Therefore, there is no basis for granting his requests.  

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 January 1987; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 January 1990.  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

x______  x______  x_____  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.




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          CHAIRPERSON




INDEX

CASE ID
AR20060010017
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070206
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
110.0000
2.
100.0300
3.

4.

5.

6.