IN THE CASE OF:	

		BOARD DATE:	  29 April 2009

		DOCKET NUMBER:  AR20090000075 


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 Reentry (RE) code be changed so he can reenter the Army.

2.  The applicant states, in effect, that he does not have a personality disorder as listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He states he fabricated stories of his mental state because he wanted to be an officer and not an enlisted Soldier.  He further states that he enlisted in the Army at a late age without doing research and that his transition overwhelmed him at the time considering the reduction in status from his previous civilian federal job.  He further states he is currently functioning without assistance of any medication to modify his mood and/or behavior and that he is in graduate school.

3.  The applicant does not provide any documents in support of his application.  

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's military personnel record shows that he enlisted in the Regular Army for a period of 4 years on 7 June 2006.  At the time of his enlistment he was 30 years old.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist).  The highest rank/grade he attained during his military service was specialist (SPC)/pay grade E-4.  

3.  On 27 March 2007, the applicant was diagnosed by competent medical authority with several disorders under Axis I and Axis II which included, but not limited to, anxiety, alcohol abuse, trichotillomanis, paraphilia, and personality disorder not otherwise specified.  He also admitted to not informing medical authorities during his initial enlistment physical that he suffered from depression, anxiety, hair pulling, and odd sexual preferences since his early childhood.  He further admitted to an attempted suicide incident 7 years prior to his enlistment and still suffered from frequent suicidal thoughts.  The reviewing and approval psychiatrist concluded his medical evaluation by recommending the applicant be separated from military service under the provisions of paragraph 5-13 (separation because of personality disorder) of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations). 

4.  On 16 April 2007, the applicant's immediate commander initiated separation action against him in accordance with paragraph 5-13 of Army Regulation
635-200 by reason of diagnoses of several disorders under Axis I and Axis II resulting in variable mood, frequent suicidal ideations, and homicidal thoughts.  Further, the immediate commander stated that the applicant's behavior and psychological history represented a chronic and pervasive pattern of instability that warranted a diagnosis of a personality disorder making the applicant unfit for military service.  The immediate commander further stated that he saw no potential for useful service under consideration of full mobilization.  He recommended discharge and an honorable characterization of service.

5.  On 30 April 2007, the separation authority approved the applicant's discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of diagnoses of several mental diseases under Axis I and Axis II resulting in variable mood, frequent suicidal ideations, and homicidal thoughts.  Further, the separation authority stated that the applicant's behavior and psychological 


history represented a chronic and pervasive pattern of instability that warranted a diagnosis of a personality disorder making the applicant unfit for military service.  He directed that the applicant receive a DD Form 256A (Honorable Discharge Certificate.)

6.  Accordingly, the applicant was discharged on 8 May 2007.  The DD Form 214 he was issued confirms he was discharged under the provisions of paragraph
5-13 of Army Regulation 635-200; however, his characterization of service was listed as under honorable conditions (general).  This form further confirms that the applicant completed a total of 11 months and 2 days of creditable active service.  Item 26 (Separation Code) of his DD Form 214 shows the entry "JFX" and Item 27 (Reentry Code) shows the entry “3.”  

7.  On 21 January 2008, the applicant applied to the Army Discharge Review Board (ADRB) for a discharge upgrade from a general under honorable conditions to an honorable discharge.  The basis for his request was so he could find decent employment with benefits.  On 14 November 2008, the ADRB upgraded the applicant's characterization of service to honorable.  The ADRB determined that the applicant's DD Form 214 was erroneous and not in compliance with the directive of the separation authority.  The Board did find that the applicant's discharge was proper, equitable, and that the narrative reason was as specified by appropriate regulatory guidance.  

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 under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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 Soldiers ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired, and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, 15, or 18 of this regulation; Army regulation 380-67 (The Department of the Army Personnel Security Program); or Army Regulation 635-40.

9.  Army Regulation 635-200 further states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE–1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

10.  Army Regulation 635-5 (Separation Documents) dictates that the entry code listed on Tables 2-2 or 2-3 of Army Regulation 635-5-1 (Separation Program Designator [SPD] Codes) shows that the appropriate RE code for the SPD code of "JFX" is RE-3 and further stipulates that no deviation is authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed so he could enlist in the Army.

2.  The evidence of record confirms that the applicant’s RE code was determined based on the fact that he was separated under the provisions of paragraph 5-13 of Army Regulation 635-200 due to personality disorder.  Therefore, the only valid narrative reason for separation permitted under that paragraph is "Personality Disorder,” the appropriate SPD code is "JFX," and its associated
RE code is RE 3.

3.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  While it is unfortunate if the applicant fabricated stories in order to be discharged, he cannot at this late date retract those statements, and his resultant discharge.

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  
6.  In view of the above, there is no basis for granting the applicant's requested relief.

7.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are required to process enlistment waivers for prospective enlistees, as necessary.

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)                                         AR20090000075



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ABCMR Record of Proceedings (cont)                                         AR20090000075



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