BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090012299 


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, removal of the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, he was never seen by a medical authority for any type of personality disorder.  He further states that he was just made aware that this was part of his record and that he is eager to enlist in the Reserve.

3.  The applicant provides no additional 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's military record shows he enlisted in the Regular Army and entered active duty on 5 October 1992.  He completed basic and advanced individual training and was awarded military occupational specialty 19K (Abrams Armor Crewman).

3.  On 12 January 1994, the applicant was released from active duty.  The DD Form 214 he was issued at the time of his separation shows that he was discharged for a personality disorder and that his character of service was honorable.  The separation code applied was "JFX" and the reentry code applied was "3."

4.  The applicant's record contains a DA Form 3822-R (Report of Mental Status Evaluation), dated 22 September 1993, conducted in conjunction with his separation processing.  The medical authority who conducted the evaluation which was further approved by the 4th Infantry Division Psychiatrist determined that the applicant had occupational problems, marital problems, and a personality disorder with dependent traits.  In conducting the mental status examination, the medical authority found the applicant's behavior was normal, fully alert, and oriented; his mood was unremarkable; his thinking process was clear; his thought content was normal; and his memory was good.  The applicant acknowledged with his signature that he read and understood the results of the evaluation.

5.  In remarks included in the mental evaluation, the medical authority stated that the applicant indicated that he was under "increased stress and pressure since joining the military which has limited his performance" and that he was having "marital difficulty."

6.  On 14 December 1993, the applicant was advised by counsel of his rights based on his commander's contemplated action to separate him for a personality disorder.  The applicant acknowledged with his signature that he understood his rights and the basis for his separation.

7.  Army Regulation 635-200 (Personnel Separations) 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 Soldier's 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 conclude 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.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) identifies the specific authorities, reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214 at the time of separation.  It shows, in pertinent part, that SPD code "JFX" should be used when the narrative reason of an enlisted Soldier's separation is "personality disorder."

9.  The SPD Code/Reentry Eligibility (RE) Code Cross Reference Table, dated 31 March 2003, provides instructions for determining the RE code for active Army Soldiers.  It shows, in pertinent part, that the RE code "3" is appropriate for Soldiers separated with an SPD code of "JFX."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his narrative reason for separation should be removed because he was never seen by a medical authority for any personality disorder was carefully considered.  However, the evidence of record shows that prior to his separation processing the applicant was evaluated by proper medical authority and diagnosed with a personality disorder with dependent traits.

2.  The evidence of record shows that the applicant was informed about the results of the mental evaluation accomplished prior to the start of his separation processing which included a diagnosis of personality disorder with dependent traits.  Further, the applicant was also advised by counsel that the basis of his separation was personality disorder.  The applicant acknowledged with his signature that he understood both the medical diagnosis and the basis of his separation.

3.  Given the foregoing and lacking evidence to the contrary, the narrative reason for separation is correctly annotated on the applicant's DD Form 214 and there is no basis to grant the requested relief.

4.  An RE-3 is a waivable code; therefore, the applicant may request a waiver of the disqualifying factor upon request for enlistment in military service.

5.  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 this 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)                                         AR20090012299



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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