IN THE CASE OF:	  

		BOARD DATE:	       10 MARCH 2009

		DOCKET NUMBER:  AR20080018563 


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 his separation code and reentry (RE) code be changed so he can reenlist.  

2.  The applicant states that the record is unjust because he was not able to complete counseling and he does not remember making any of the statements on his separation form due to medication he was on at the time during the evaluation.  He also contends that he was not given the chance to transfer to the Individual Ready Reserve (IRR) or given the option to transfer to a different battalion.

3.  The applicant provides a copy of his separation packet; service personnel records; and a document titled, “Obama Introduces Bill to Halt, Review Military Personality Disorder Discharges” in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  Having prior inactive service, the applicant enlisted in the Regular Army on 
1 June 2006 and trained as an indirect fire infantryman.  

2.  On 24 March 2008, the applicant underwent a behavioral health and mental status evaluation and was diagnosed with an antisocial personality disorder by a Ph.D. level psychologist.  The psychologist indicates that it was his professional opinion that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification), or to any treatment methods currently available in any military behavior health facility.  The psychologist remarked that the command-directed behavioral health evaluation was due to the applicant having been charged with domestic violence and having a history of disciplinary problems.  He pointed out that the applicant reported a history of 6 negative counseling statements and an Article 15, that the applicant reported a history of antisocial behavior beginning at age 13 (shoplifting, theft from automobiles, fighting, and failure to honor financial responsibilities), that the applicant reported a history of psychiatric treatment since age 8 for mood problems, anger problems, and family issues, and that the applicant was currently being treated with psychiatric medication for anger and depressed mood.  Results of the evaluation estimated that the applicant had short-term memory and overall intellectual capacity in the average range and that he was mentally competent.  The applicant reported a strong desire to separate from the Army.     

3.  Discharge proceedings under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder were initiated on 1 April 2008.  On 
22 April 2008, the applicant consulted with counsel and was advised of his rights. He elected not to submit a statement on his own behalf and requested an honorable discharge.  On 29 April 2008, the separation authority approved the recommendation, directed that the applicant be furnished an honorable discharge, and directed that he not be transferred to the IRR.   

4.  On 13 May 2008, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, for personality disorder.  He had served 1 year, 11 months, and 13 days of creditable active service.

5.  Item 25 on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 5-13.”  Item 26 on his DD Form 214 shows the entry, "JFX."  Item 27 on her DD Form 214 shows the entry, "3."  Item 28 on his DD Form 214 shows the entry, "PERSONALITY DISORDER.”

6.  In support of his claim, the applicant provided a document titled, “Obama Introduces Bill to Halt, Review Military Personality Disorder Discharges,” dated 19 July 2007, which states, in pertinent part, that Senator Obama introduced legislation to temporarily suspend the Pentagon’s use of personality disorder discharges after receiving broad, bipartisan support for an identical amendment he proposed to the Defense Authorization bill.  The bill would institute a moratorium on discharge procedures until they were thoroughly reviewed and an independent review board was established to ensure service members were receiving Department of Veterans Affairs benefits they were owed.  There were some indications that Soldiers returning from combat were discharged due to having a personality disorder when they might instead have been suffering from combat-related injuries like Post Traumatic Stress Disorder or Traumatic Brain Injuries.

7.  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 a 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 with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the Department of Defense components.     

8.  All Army Activities message 036-2009, subject:  Policy Changes for Separation of Enlisted Soldiers Due to Personality Disorder (Army Regulation 635-200, paragraphs 5-13 and 5-17) referenced Assistant Secretary of the Army (Manpower and Reserve Affairs) memorandum, Subject:  Enlisted Administrative Separations, dated 10 February 2009.  That memorandum stated that, effective immediately, administrative separation under Army Regulation 635-200, paragraph 5-13, was limited to enlisted Soldiers who have less than 24 months of active duty service as of the date separation proceedings are initiated.  Army Regulation 635-200, paragraph 5-17, may now be used to separate enlisted Soldiers because of personality disorder when they have 24 months or more of active duty service.

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 15 June 2006, shows that when the SPD [Separation Program Designator] is "JFX," then an RE code of 3 will be given.  

14.  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’s contentions were considered.  However, evidence of record shows he was properly diagnosed with a personality disorder by competent and appropriate military medical authorities.  The psychologist indicated that it was his professional opinion that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification), or to any treatment methods currently available in any military behavior health facility.  In addition, on 24 March 2008, the applicant reported a strong desire to separate from the Army.  The separation authority directed that he not be transferred to the IRR.

2.  The applicant provided evidence to show that legislation was introduced to suspend and review military personality disorder discharges; however, such discharges had not yet been suspended or policies changed as of the date the applicant was discharged.  In addition, it is noted that the applicant never served in combat, and his psychological evaluation indicated that he reported a history of antisocial behavior beginning at age 13.

3.  The applicant was given an RE code of 3.  Since the current governing regulation shows that Soldiers given an SPD of “JFX” will be given an RE code of 3, it is reasonable to presume that the applicant’s RE code is correct. 

4.  The applicant’s separation code was administratively correct and in conformance with applicable regulations at the time of his separation.  

5.  The applicant may apply for a waiver to enlist; however, this Board will not arbitrarily substitute its judgment for that of the appropriate recruiting officials.
 

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.




      _______ _   __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)                                         AR20080018563





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ABCMR Record of Proceedings (cont)                                         AR20080018563



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