RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060011113 


	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:


Ms. Marla Troup

Chairperson

Mr. John Heck

Member

Mr. Donald Lewy

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 items 27 (Reentry (RE) Code) and 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. 

2.  The applicant states that there is nothing in his medical records to support a personality disorder diagnosis.  He contends that he had a verbal altercation with a senior noncommissioned officer and was threatened with action under the Uniform Code of Military Justice.  He contends that he agreed to be separated from the Army but was not aware of the narrative reason for separation as it appears on his DD Form 214.  He further states that he served honorably for
12 years (sic) and does not deserve this and that it has kept him from finding a good job.

3.  The applicant provides a psychological assessment, dated 30 June 2006; documents pertaining to his discharge packet; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 25 March 1994 and trained as a graphics documentation specialist, single channel radio operator, and a Patriot missile crewmember.  He remained on active duty through continuous reenlistments.  

2.  On 15 June 2004, the applicant was referred by his command for a mental health evaluation due to homicidal ideation.  He underwent a mental status evaluation by the psychiatry resident and was diagnosed with adjustment disorder with depressed mood, alcohol abuse, and narcissistic personality disorder.

3.  Records show the applicant was counseled on 20 August 2004 for his pending separation under the provisions of Army Regulation 635-200, chapter 
5-13, for personality disorder.  Records also show that on 1 September 2004, the applicant consulted with counsel of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 5-13.

4.  The separation approval authority’s action stated, in pertinent part, that before taking action, he considered the applicant’s entire separation packet, including the applicant’s comments regarding his underlying motivations for waiving an administrative board to hear his case, the responses from his chain of command, and supplemental information from the psychiatrist who evaluated him.  He found that the applicant was treated fairly by his chain of command and received administrative due process.  He noted that the applicant’s pattern of misconduct and poor performance would normally have resulted in disciplinary and/or adverse administrative elimination actions.  The applicant’s chain of command relied instead upon his psychiatric condition to support elimination under this chapter, with an honorable discharge.  He stated that separation was clearly in the best interests of the applicant and the Army and that he concluded the applicant knowingly, intelligently, and voluntarily waived his right to a board after advice of counsel.

5.  On 7 October 2004, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder. He had served 10 years, 6 months, and 13 days of creditable service. 

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 on his DD Form 214 shows the entry, "3."  Item 28 on his DD Form 214 shows the entry, "PERSONALITY DISORDER." 

7.  In support of his claim, the applicant provided a psychological assessment, dated 30 June 2006.  The psychologist stated, in pertinent part, that the clinical interview did not support a diagnosis of a personality disorder, that there is no evidence of a consistent pattern of dysfunction that suggests an Obsessive-Compulsive, Dependent, or Avoidant personality disorder, and that the more malignant personality disorders, i.e. Anti-social, Borderline, Paranoid, Narcissitic, Schizoid, Schizotypal, or Passive-aggressive disorders could be ruled out.

8.  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 psychiatrist or doctoral-level clinical psychologist.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired, and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, 15, or 18 of this regulation; Army Regulation 380-67; or Army Regulation 635-40.


9.  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.  

10.  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.

11.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

12.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

13.  The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 31 March 2004, shows that Soldiers given an SPD [Separation Program Designator] of "JFX” will be given an RE code of 3.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that there is nothing in his medical records to support a personality disorder diagnosis, he underwent a mental status evaluation by a competent military psychiatrist on 15 June 2004 and was diagnosed with adjustment disorder with depressed mood and a narcissistic personality disorder. 

2.  The evidence of record does not support the applicant’s contention that he was not aware of the narrative reason for separation.  Evidence of record shows that he was counseled by his command in August 2004 for his pending discharge due to a personality disorder.  In addition, he consulted with counsel in September 2004 regarding this discharge. 

3.  A narrative reason and an RE code are not changed for the sole purpose of obtaining employment opportunities.

4.  The applicant’s RE code and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his separation.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

MT_____  _JH_____  __DL____  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.



__Marla Troup__________
          CHAIRPERSON




INDEX

CASE ID
AR20060011113
SUFFIX

RECON

DATE BOARDED
20070221
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.
110.0200
3.

4.

5.

6.