IN THE CASE OF:	  

		BOARD DATE:	      14 OCTOBER 2009

		DOCKET NUMBER:  AR20090009021 


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 Eligibility (RE) Code of "3" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to 
a "2."

2.  The applicant states, in effect, that he desires his RE Code to be changed from a "3" to a "2" so that he may be eligible to reenter the Army and make it a career.  He goes on to state that he did not realize the code he was assigned would prohibit him from reentering the service at a later date and that his diagnosis was based on only two evaluations.  He further states that he never had any disciplinary action taken against him and he believes that the discharge action was excessive. 

3.  The applicant provides a medical opinion from a personal doctor and a recommendation from his State Representative.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army in Little Rock, Arkansas on 21 May 1999 for a period of 4 years, training as a motor transport operator, a cash enlistment bonus, and assignment to Europe.

2.  He completed his training at Fort Leonard Wood, Missouri and was transferred to Germany where he remained until September 2001, when he was transferred to Fort Hood, Texas.

3.  Although not contained in the available records, it appears the applicant was accepted for Special Forces Medic training under the Bonus Extension and Retraining (BEAR) program because he departed Fort Hood and was transferred to Fort Sam Houston, Texas for training as a medical specialist in a trainee status.

4.  In November 2003, he was transferred to Fort Bragg, North Carolina for assignment to the Special Warfare Training Group as a trainee.

5.  On 9 February 2004, the applicant was issued a General Officer Memorandum of Reprimand (GOMOR) for driving under the influence of alcohol. The applicant was arrested by the North Carolina Highway Patrol on 26 November 2003.  He refused a breathalyzer test after being arrested and he was taken to the police station.

6.  The applicant responded to the GOMOR by stating that he accepted responsibility for his actions and had learned from his experience.  He went on to state that it was his desire for some time to join the Special Forces and be a part of the elite Green Berets and he hoped that this single instance of bad judgment would not prevent him from doing so.  He requested that the Commanding General (CG) not place the GOMOR in his permanent record.  However, on 2 April 2004, the CG directed that the GOMOR be placed in his Official Military Personnel File (OMPF).

7.  On 20 May 2005, the applicant was referred for a mental status evaluation as an emergency referral from the emergency room.  The examining psychologist diagnosed the applicant as having: AXIS I - Alcohol Induced Depressive Disorder, AXIS II: Borderline Personality Disorder with Narcissistic traits, and AXIS III - Naltrexone overdose (a form of antabuse).  The examining psychologist recommended that he be expeditiously discharged under the provisions of Army Regulation 635-200, paragraph 5-13.

8.  On 22 July 2005, the applicant's commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

9.  The appropriate authority approved the recommendation for discharge and directed that the applicant be issued an Honorable Discharge Certificate.


10.  Accordingly, he was honorably discharged on 15 August 2005 under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder.  He had served 6 years, 2 months, and 25 days of total active service and was issued a separation code of "JFX" (personality disorder) and an RE Code of "3."

11.  On 4 April 2008, the applicant applied to the Army Discharge Review Board (ADRB) for a change of his narrative reason for separation and RE Code.  He cited the same reasons and provided the same evidence to the ADRB that he has provided to this Board.  On 6 February 2009, the ADRB determined that the applicant's discharge was both proper and equitable and voted unanimously to deny relief.

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

13.  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.  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.  A separation code of "JFX" to denote personality disorders requires a RE Code of "3."

14.  Effective March 1995, RE Code 2 was no longer used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was 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's contentions were considered; however, he has failed to show through the evidence submitted and the evidence of record that he was improperly diagnosed as having a personality disorder.  

3.  Given the available facts in this case it would not be appropriate to attempt to second guess the psychologist who examined the applicant at the time and determined he exhibited the symptoms of a personality disorder.    

4.  While the applicant still has the right to apply for a waiver of his RE Code through his local recruiting office, he has established no basis to change his RE Code.  

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)                                         AR20090009021



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ABCMR Record of Proceedings (cont)                                         AR20090009021



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