IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080012549
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 reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to a "3."
2. The applicant states his RE code was supposed to be waivable, but it is not.
3. The applicant provides his DD Form 214 and a DA Form 1059 (Service School Academic Evaluation Report).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army (RA) from 29 July 1998 to 5 September 2002. His DD Form 214 shows he was honorably separated under the provisions of Army Regulation (AR) 635-200, paragraph 5-13, by reason of personality disorder. He was given a separation (SPD) code of "JFX" and an RE code of "4."
3. AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the 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. RE 1 and 2 permit immediate reenlistment if all other criteria are met. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.
4. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.
5. A separation code of "JFX" applies to persons who are separated personality disorders under the provisions of paragraph 5-13, AR 635-200. The SPD/RE Code Cross Reference Table valid during the applicant's separation shows that an RE code of 3 was the applicable RE code assigned for individuals separated under SPD Code "JFX."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his RE code be changed from "4" to "3."
2. Army regulations require that Soldiers separated for personality disorders be given an SPD code of "JFX" and an RE code of "3."
3. The applicant's DD Form 214 reflects an incorrect RE code; his RE code should be changed from "4" to "3."
BOARD VOTE:
___X____ __X_____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the RE code on his DD Form 214 to RE "3."
XXX
_______ _ _______ ___
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) AR20080012549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080012549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010441
Application for correction of military records (with supporting documents provided, if any). The SPD code of JFX was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, paragraph 5-13 for a personality disorder. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 3 as the proper RE code to assign to Soldiers for...
ARMY | BCMR | CY2011 | 20110023422
On 5 September 2007, the applicant was notified of his commanders intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 5-13, Personality Disorder. Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interferes...
ARMY | BCMR | CY2011 | 20110010109
He indicated he did not see evidence of a personality disorder. 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. The fact that civilian physicians state there is no evidence of a personality disorder 15 years after the applicant's discharge does not show the Army's diagnosis was an error.
ARMY | BCMR | CY2004 | 2004101839C070208
On 8 January 2002, the applicant unit commander initiated separation action on the applicant under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder. The evidence of record also confirms that the applicant’s discharge processing was accomplished in accordance with the applicable regulation. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility...
ARMY | BCMR | CY2011 | 20110004473
Army Regulation 635-5-1 (Separation Program Designator (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 states the reason for discharge based on SPD code JFX is personality disorder and the regulatory authority is Army Regulation 635-200, paragraph 5-13. The narrative reason for separation and RE code...
ARMY | BCMR | CY2006 | 20060009104
The applicant requests, in effect, that the reentry (RE) code assigned upon his separation from active duty on 20 September 1988 be changed or left blank. The applicant provides a self-authored statement, five character references, Application for Review of Discharge from the Armed Forces of the United States (DD Form 293), and a copy of his 20 September 1988 separation document (DD Form 214) in support of his application. The applicant's contention that the RE code assigned to him at the...
ARMY | BCMR | CY2010 | 20100025183
It states, in pertinent part, that the SPD code of JFX is the appropriate code to assign to Soldiers separated under the provisions of Chapter 5, Army Regulation 635-200, by reason of personality disorder. The applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-13 due to a personality disorder. While the applicant still has the right to apply for a waiver of his RE Code to enlist at any recruiting office, there is no basis for this Board to change his...
ARMY | BCMR | CY2004 | 20040011399C070208
The applicant provides: a. Pertinent Army regulations, in effect at the time, provided that prior to discharge or release from active duty, individuals would be assigned RE codes, based on their service records or the reason for discharge. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes.
ARMY | BCMR | CY2010 | 20100013583
The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of a personality disorder, with an honorable characterization of service. His records contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 14 January 1986, wherein item 27 of his DD Form 214, dated 12 April 1983 is changed to "RE-3C." His records clearly show he was command referred for the mental...
ARMY | BCMR | CY2011 | 20110008175
She was assigned an RE code of 4 and a separation code of JFX (personality disorder). The SPD code of JFX is the appropriate code to assign to Soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder. 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.