IN THE CASE OF:	  

		BOARD DATE:	  	  15  January 2009

		DOCKET NUMBER:  AR20080014208 


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, in effect, that the narrative reason for his separation listed in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states, in effect, the reason for his separation is incorrect and his discharge has been classified as service connected because of an adjustment disorder by the Department of Veteran Affairs (VA).  

3.  The applicant provides a copy of his VA Rating Decision and examination in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and entered active duty on 22 March 2005.  He was trained in and awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman) and the highest rank he attained while serving on active duty was private (PV2).  

2.  On 9 January 2007, the applicant underwent a mental status evaluation.  The examining psychiatrist diagnosed him with an adjustment disorder with depressed mood and a personality disorder.  The examining psychiatrist strongly recommended that the applicant be separated expeditiously because he met the criteria in accordance with Army Regulation 635-200 (Enlisted Separations), paragraph 5-13, administrative separation for personality disorder. The psychiatrist also stated that retention of such emotionally and behaviorally disordered Soldiers put them at high risk to continue to engage in such behaviors for which psychiatric hospitalization or UCMJ (Uniformed Code for Military Justice) become necessary.  Further, the applicant represented a command liability and impairs the overall unit readiness and function.  The condition and problems presented by the applicant are not in the opinion of the examiner, amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification to another type of duty.  The applicant had been seen at the 
R&R (Resilience and Restoration) Center since January 2006.  It was the opinion of this psychiatrist that efforts to help the applicant's condition proved to be unsuccessful.  The applicant denied any suicidal/homicidal ideations and was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of the law.  The psychiatrist concluded by stating that the applicant had the mental capacity to understand and participate in chapter or other administrative proceedings.  The Fort Hood R&R Center would continue to provide mental health treatment to the applicant until he is separated from the military.

3.  On 29 January 2007, the applicant’s unit commander notified him that he was contemplating action to separate him under the provisions of paragraph 
5-13, Army Regulation 635-200, based on his diagnosed personality disorder.  

4.  On 29 January 2007, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, its effects and of the rights available to him.  He completed a statement in which he acknowledged that he could be ineligible for many or all benefits as a Veteran under both State and Federal laws and that he could expect to encounter substantial prejudice in civilian life based on his discharge.  Subsequent to his counseling, the applicant elected not to submit statements in his own behalf. 

5.  The separation authority approved the applicant’s separation under the provisions of paragraph 5-13, Army Regulation 635-200 due to a personality disorder, and directed that the applicant receive an honorable discharge.  On 
8 February 2007, the applicant was discharged accordingly.

6.  The DD Form 214 issued to the applicant upon his separation confirms, in item 25 (Separation Authority), that the authority for his separation was paragraph 5-13, Army Regulation 635-200.  Item 26 (Separation Code) lists the Separation Program Designator (SPD) code as JFX and item 28 (Narrative Reason for Separation) lists the reason for his separation as "personality disorder".  The applicant authenticated the DD Form 214 with his signature in item 21 (Signature of Member Being Separated).  

7.  The applicant submitted a copy of his VA Rating Decision and examination, dated 5 October 2007 which shows he received a 10 percent service-connected disability rating for an adjustment disorder, mixed, in remission which was claimed as mental health.

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, which 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.  It further specifies that the service of Soldiers separated under this provision will be characterized as honorable unless an ELS, in which case it will be uncharacterized.  

9.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directives) for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JFX is the appropriate code to assign Soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, for personality disorder.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign Soldiers separated with an SPD code of JFX.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 28 of his DD Form 214 should be corrected to show a more favorable narrative reason for separation was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record confirms the applicant 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.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  

3.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  _______  _________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__     X ___  ___  X   __  __    X    __  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.



      _______ _   _X______   ___
               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)                                         AR20080014208



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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