IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080006955 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the narrative reason for separation and reentry (RE) code be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 12 January 1999.

2.  The applicant states, in effect, that he had personal issues with his family and did not want out of the Army.  He wishes to reenter into the Army to serve his country.

3.  The applicant provides his DD Form 214; a letter from his Congressional Representative, dated 15 April 2008; and a civilian Psychological Evaluation, dated 9 July 2006.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant enlisted in the Regular Army on 24 June 1997 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).

3.  On 16 December 1998, the applicant underwent a mental status evaluation and was diagnosed as having a personality disorder by a military psychiatrist.  The military psychiatrist stated that in accordance with Army Regulation 635-200, the applicant met the criteria for separation under the provisions of chapter 5-13. The military psychiatrist determined that the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible.

4.  The military psychiatrist further stated that the applicant had a history of unstable emotions and behavior with multiple episodes of self-destructive and suicidal thoughts and behavior.  The applicant was unmotivated to continue as a contributing member of his unit or the U.S. Army.  The applicant's character structure was such that the stress of the military environment was likely to result in repeat behaviors dangerous to him and others.

5.  On 5 January 1999, the applicant’s commander initiated elimination of the applicant under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13 for personality disorder.  The reason cited by the commander was the applicant was diagnosed with having a personality disorder which interferes with his ability to perform military duties.

6.  On 5 January 1999, the applicant waived his right to counsel with an attorney. The applicant also elected not to provide statements on his own behalf.

7.  On 5 January 1999, the appropriate authority approved the recommendation for discharge.  On 12 January 1999, the applicant was discharged under the provisions of chapter 5 of Army Regulation 635-200, with an honorable discharge, by reason of "PERSONALITY DISORDER."  He had completed 1 year, 6 months, and 19 days of creditable active service with no days of lost time.

8.  The applicant's DD Form 214 with the ending period 12 January 1999 showed the entry "3" in item 27 (Reentry Code).

9.  The applicant provided a civilian Psychological Evaluation, dated 9 July 2006, that shows he was evaluated by a private psychologist to rule out the possibility of clinical psychopathology.  The psychologist determined, in effect, that the applicant did not exhibit clinical psychopathology or exhibit behavior which could have a significant negative impact on military issues.  He did not appear to have 
clinically significant personality abnormalities.  Some characteristics that could have a negative impact on military issues include impulsivity, can be careless or untidy at times, and could be disorganized at times. 

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, 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.  

11.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Paragraph 3-21 of the regulation states that RE-3 applies to a Soldier who is not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. 

12.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for separation should be changed on his DD Form 214.  However, the evidence of record confirms he was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis, his separation processing was accomplished in accordance with the applicable regulation.  

2.  The applicant contends that he needs his RE code changed on his DD Form 214 in order to reenter the Army.  However, the ABCMR does not change records solely to allow former Soldiers to reenter the service.  The evidence of record confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulations, to include the RE-3 code assignment.  Lacking independent evidence to the contrary, it is determined that 
all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the assigned RE-3 code was appropriate.  

3.  However, this does not mean that the applicant has been completely denied the opportunity to enlist.  Since he is eligible to apply for a waiver, he has the option of visiting her local recruiting station and consulting with recruiting personnel who are required to process waiver request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  __xx____  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.



      ______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006955



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ABCMR Record of Proceedings (cont)                                         AR20080006955



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