IN THE CASE OF:	  

		BOARD DATE:	       10 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090005583 


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 his reentry eligibility (RE) code be changed so he can enlist in the Army National Guard or U.S. Army Reserve.

2.  The applicant states that his discharge was unjust.  He contends that he was young and did not know any better and it was the first time he was away from home.  He claims that he told his drill instructor in boot camp that he did not want to be there and wanted to go home.  The drill instructor told him to wait until he got to his unit and they would work with him on getting out.  He indicates that he went through boot camp and advanced individual training, that he was stationed in Germany, and that he made the mistake of asking to be discharged.  He claims that from that moment he was marked as a nonconformist and was placed in a unit of misfits and left to finish out his time.  He explained that he was let out of the Army because his sergeant saw him throw matches at an empty can of gunpowder.  He states that it was just a very bad joke, that he does not have a personality disorder, that the only disorder he has is being shy and quiet around people, and that he thinks [the personality disorder] was something the Army used to let him out of the Army.

3.  The applicant provides no documentary evidence 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 enlisted in the Regular Army on 2 October 1985 for a period of 3 years.  He successfully completed one-station unit training in military occupational specialty 13B (cannon crewmember).

3.  On 24 November 1986, the applicant underwent a psychiatric evaluation by a psychiatrist and was diagnosed with an adjustment disorder with disturbance of mood and behavior and a personality disorder (mixed with above features).

4.  Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for personality disorder were initiated on 28 January 1987.  On 28 January 1987, the applicant waived the opportunity to consult with counsel and he elected not to submit a statement in his own behalf.  On 13 February 1987, the separation authority approved the recommendation and directed that the applicant be furnished an honorable discharge.

5.  On 3 March 1987, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13, for personality disorder.

6.  Item 25 (Separation Authority) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "Army Regulation 
635-200, paragraph 5-13."  Item 26 (Separation Code) of his DD Form 214 shows the entry "JFX."  Item 27 (Reenlistment Code) of his DD Form 214 shows the entry "RE 4."  Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "personality disorder."

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 (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 Soldier's ability to perform duty.  The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.

8.  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 the separation code "JFX" is "personality disorder" and the regulatory authority is Army Regulation 635-200, paragraph 
5-13.

9.  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 (Active and Reserve Components Enlistment Program) 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.

10.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.

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.  Officials at the Human Resources Command, Alexandria, Virginia, confirmed that in 1987 when the separation program designator is "JFX" then an RE code of 4 would be assigned.

DISCUSSION AND CONCLUSIONS:

1.  Age is not a sufficiently mitigating factor.  The applicant was 19 years old when he enlisted and he successfully completed one-station unit training.

2.  The applicant's contention that he does not have a personality disorder was noted.  However, in the absence of evidence to the contrary, it is presumed the applicant was properly diagnosed with a personality disorder by competent and appropriate military medical authorities.

3.  The RE code used in the applicant’s case is correct and was applied in accordance with the applicable regulations.

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)                                         AR20090005583



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ABCMR Record of Proceedings (cont)                                         AR20090005583



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