IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090005818 


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 narrative reason for separation and the Reentry (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to a more favorable reason that will allow him to reenter the military.

2.  The applicant states, in effect, that he has been evaluated by three specialists at the Department of Veterans Affairs (VA) who all have determined that he does not suffer from a character and behavior disorder.  He further states that during his initial enlistment he was assigned to an all-male infantry unit and he loved it.  However, his trouble began during his second enlistment and he was assigned to a medical unit and his infantry-like behavior was considered inappropriate.  He further states that he now realizes that his conduct was inappropriate; however, he believes his punishment was too harsh because he loves the military and will do anything to serve his country.  He also states that since his discharge he has obtained a bachelors degree in criminal justice, that he is married and working for the VA and has become a new man.  He requests that the Board give him another chance and promises that the decision will not be regretted. 

3.  The applicant provides six letters of recommendation, copies of medical progress notes, copies of his Standard Forms (SFs) 50 (Notification of Personnel Action), a copy of his 90-day evaluation, a copy of his Naturalization Certificate, copies of his college diplomas and General Educational Development (GED) Certificate, copies of his transcripts, copies of course completion certificates, and copies of his awards and military training certificates. 

CONSIDERATION OF EVIDENCE:

1.  On 26 February 1999, the applicant enlisted in the Regular Army for a period of 4 years and training as an automated logistics specialist. 

2.  He successfully completed his training and was transferred to Germany for assignment to a cavalry troop as an equipment records and parts specialist.  He was advanced to the pay grade of E-4 on 27 April 2001 and he remained in Germany until he was honorably released from active duty (REFRAD) on 25 February 2003, due to completion of required service.  He had served 4 years of total active service and was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his statutory service obligation.

3.  On 1 July 2003, he again enlisted in the Regular Army in Miami, Florida for a period of 3 years as an automated logistics specialist and assignment to Europe.  He was transferred to a combat support hospital in Wuerzburg, Germany for assignment in the pay grade of E-4.

4.  On 14 January 2004, the applicant deployed to Iraq with his unit.  On 29 May 2004, the chief of psychiatry of the 67th Combat Support Hospital conducted a mental status evaluation and the applicant was diagnosed as having an adjustment disorder with anger and depression and paranoid personality disorder.  At that time, the applicant stated that he might be suicidal or homicidal if returned to his unit and that he had been hospitalized for suicidal plans in Landstuhl, Germany after he had been accused of sexual harassment last year.  The recommendation was that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-13.  The applicant was returned to his unit in Germany for further evaluation and treatment.

5.  On 8 June 2004, a mental status evaluation was completed at the U.S. Army Medical Activity – Wuerzburg, Department of Psychiatry which diagnosed the applicant as having an adjustment disorder with anxiety and depression and a personality disorder.  The applicant refused medication and it was recommended that he be discharged under the provisions of Army Regulation 635-200, paragraph 5-13.

6.  On 9 July 2004, the applicant’s commander notified him that action was being initiated to discharge him under the provisions of Army Regulation 635-200, paragraph 5-13 due to a diagnosed personality disorder.  The applicant requested consultation with counsel and after consulting with defense counsel, he elected to submit a statement in his own behalf whereas he asserted that he was being treated unfairly, that he was a great Soldier, that he did not have a personality problem.  He also requested to be transferred to another unit and seen by another doctor.

7.  The appropriate authority approved the recommendation for discharge and directed that he be furnished an Honorable Discharge Certificate.

8.  Accordingly, he was honorably discharged on 3 August 2004, under the provisions of Army regulation 635-200, paragraph 5-13, due to a personality disorder.  He had served 1 year 1 month and 3 days of active service during his current enlistment and was issued a RE Code of “3."

9.  On 22 August 2007, the applicant applied to the Army Discharge Review Board (ADRB) for a change in his narrative reason for separation and RE Code.  He contended that he did not have a personality disorder and that it was unjust to label him with a personality disorder because it prevented him from pursuing a career in law enforcement and the military.  On 6 June 2008, the ADRB determined that his narrative reason for separation and RE Code were both proper and equitable and voted unanimously to deny his request.

10.  The progress notes provided by the applicant consist of notes made by a psychologist at the VA indicating that based on tests and clinical assessments the applicant was given a diagnosis of “No Diagnosis” under AXIS II.

11.  Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge based on a personality disorder.  It states, in pertinent that a Soldier may be separated for personality disorders that interfere with the Soldiers assignment or performance of duty.  

12.  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 USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

13.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted.


14.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that exist at the time the DD Form 214 is prepared.  It is essentially a snap-shot in time and changes that occur after the issuance of the DD Form 214 are not authorized for entry on that form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

2.  The applicant was issued the proper RE Code commensurate with the narrative reason for separation and separation code for discharge due to a personality disorder and he has failed to show through the evidence of record and the evidence submitted with his application that he was improperly diagnosed with a personality disorder at the time.

3.  The applicant was diagnosed by two separate psychiatrists in two different locations and the diagnosis in both instances was that he had a personality disorder.  While he has now provided documents from a psychologist from the VA which opines that he does not now suffer from a personality disorder, this in of itself does not overcome the diagnosis made by the previous psychiatrists.

4.  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 
RE Code without evidence to show that he was issued the wrong code.  

5.  The applicant’s contention that his Narrative Reason and RE Code should be changed because it is hindering his employment/career opportunities has been noted; however, the Board does not now, nor has it ever made such changes simply for the purpose of enhancing one’s employment opportunities.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned 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)                                         AR20090005818



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ABCMR Record of Proceedings (cont)                                         AR20090005818



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