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ARMY | BCMR | CY2007 | 20070006806C071029
Original file (20070006806C071029.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2007
      DOCKET NUMBER:  AR20070006806


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. David W. 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 reentry (RE) code be changed to RE code
1.

2.  The applicant states that he received an honorable discharge and he
would like to rejoin the Army.

3.  The applicant provides page 1 of a DD Form 293 (Application for the
Review of Discharge from the Armed Forces of the United States); his DD
Form 214 (Certificate of Release or Discharge from Active Duty); results of
an  ECG (electrocardiogram), dated 10 January 2007; and a listing of
prescribed medications, dated 30 April 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 November 2001.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 21R (Interior Electrician).

2.  On 20 April 2005, a mental status evaluation diagnosed the applicant
with Schizotypal Personality Disorder.  No psychiatric disease or defect
that warranted disposition through medical channels was found, and the
applicant did not need a medical board.  He was found to be mentally sound.
 He was found to have the mental capacity to understand and participate in
board or other administrative proceedings.  The evaluating psychiatrist
recommended he be administratively separated under the provisions of Army
Regulation 635-200, paragraph 5-13.

3.  On 25 April 2005, the applicant’s commander initiated separation action
under the provisions of Army Regulation 635-200, paragraph 5-13,
Personality Disorder.

4.  On 25 April 2005, the applicant was advised by consulting counsel of
the basis for the contemplated action to separate him for a Schizotypal
Personality Disorder.  He elected not to submit a statement in his own
behalf.

5.  On 26 April 2005, the appropriate authority approved the recommendation
and directed the applicant be discharged with an Honorable Discharge
Certificate.



6.  On 4 May 2005, the applicant was discharged, with an honorable
characterization of service, in pay grade E-4, under the provisions of Army
Regulation 635-200, paragraph 5-13, for Personality Disorder.  He was given
an RE code of 3 and a separation code of JFX (involuntary discharge under
the provisions of Army Regulation 635-200, paragraph 5-13).

7.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 5-13 sets the policy and
prescribes procedures for separating members with a personality disorder
(not amounting to a disability) that interferes with assignment to or
performance of duty.  This 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
with necessary and appropriate professional credentials who is privileged
to conduct mental health evaluations for the Department of Defense
components.  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.

8.  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 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.

9.  RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.

10.  The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross
Reference Table states that when the separation code is JFX then RE code 3
will be given.

DISCUSSION AND CONCLUSIONS:

1.  In view of the fact that the applicant was involuntarily discharged
under the provisions of Army Regulation 635-200, paragraph 5-13, the
assigned RE code of 3 was and still is appropriate.  The applicant was
disqualified from reenlistment, but the disqualification is waivable.


2.  Since enlistment criteria change, and since an individual has the right
to apply for a waiver, the applicant should periodically visit his local
recruiting station to determine if he should apply for a waiver.  However,
it is noted that the applicant is currently on medication.  This Board will
not substitute its judgment for that of the appropriate recruiting
officials who may determine that he is not medically fit for enlistment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jns___  __jtm___  __dwt___  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.




                                  __John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006806                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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