IN THE CASE OF:	

		BOARD DATE:	  2 March 2010

		DOCKET NUMBER:  AR20090014326 


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 her Reentry (RE) Code of 3 be upgraded and that her narrative reason for separation be changed. 
 
2.  The applicant states that she was separated due to a personality disorder.  She contends that the physician who diagnosed her at the time was misinformed and did not consider that her stress level was a result of a combat situation.  She states that she was distressed and under medication that affected her thought processes.  She was under mental distress as a result of an improvised explosive device (IED) attack and because her husband was still serving in the combat theater.  Her noncommissioned officer (NCO) told her to waive her rights and that she could not ask for a medical evaluation board because she was being administratively separated.

3.  The doctor told her that her personality disorder was preventing her from performing her duties.  However, she was performing her duties with little or no trouble.  When she returned from Iraq she was having difficulty dealing with the IED attack and being separated from her husband.  She was dealing with some stress and trying to determine what she had done wrong.  This was a normal response.  She had not been debriefed after the incident and was having trouble dealing with the guilt.  The applicant contends that she was a good Soldier who had no nonjudicial punishments and only a few correctional counselings.  It was stated that she had a longstanding behavior disorder and adaptability problems.  If this had been true, she would have had more issues during the 4 years that she served.

4.  The applicant provides, in support of her application, copies of letters from a clinical psychologist, and a staff psychiatrist; and letters of support from three NCO's.

CONSIDERATION OF EVIDENCE:

1.  On 19 January 1999, the applicant enlisted in the Regular Army (RA).  She completed her initial training and was awarded military occupational specialty (MOS) 63W (Wheel Vehicle Repairer).

2.  On 21 June 2000, the applicant was released from active duty due to pregnancy and was transferred to the U.S. Army Reserve.  She had attained the rank of private first class, pay grade E-3, and completed 1 year, 5 months, and
3 days of creditable active service.  The characterization of her service was honorable.

3.  On 1 October 2002, the applicant again enlisted in the Regular Army, in the rank of specialist, pay grade E-4.  She retained her previous MOS and was assigned to Fort Hood, Texas.  Subsequently, the applicant was assigned to the 602nd Maintenance Company. 

4.  On 26 November 2003, the applicant was counseled for failing to report to formation on the previous morning.  The counseling summary states that the applicant had dinner the night before at a friend's house.  She had taken her prescribed medication, Percocet and sleeping pills, and did not wake up until 3:00 pm.  The battery in her cell phone had died.  Even though she had a credible excuse, she had failed to inform her supervisors.  The applicant was told that repeated occurrences of this behavior would not be tolerated.

5.  A DA Form 3822 (Report of Mental Status Evaluation), dated 18 December 2003, indicates the applicant's behavior was normal.  She was fully alert and oriented and displayed an anxious mood.  Her thinking was clear, her thought content normal and her memory good.  She had the mental capacity to understand and participate in the separation process and met the retention requirements of Chapter 3, Army Regulation 40-501.  In the opinion of the Chief, Department of Psychiatry, the applicant did not require a medical board for a disability rating.  She had a diagnosis of borderline personality disorder which prevented her from performing her duties as a Soldier.



6.  On 10 February 2004, the applicant acknowledged receipt of her notification of administrative separation for personality disorder.  She waived her rights to counsel and did not submit any statements in her behalf.

7.  The appropriate authority approved the recommendation for separation under the provisions of Army Regulation 635-5, paragraph 5-13, for a personality disorder.

8.  On 5 March 2004, the applicant was discharged.  Her characterization of service was honorable.  She had completed a total of 2 years, 10 months, and 
10 days of creditable active service.  The narrative reason for discharge reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 5 March 2004 shows “Personality Disorder.”  This DD Form 214 also shows she was assigned a separation program code (SPD) of JFX and an 
RE code of 3.

9.  The applicant's available personnel records do not show she served in Iraq, or that she was injured as a result of an IED.  Her DD Form 214 does show that she was awarded the Purple Heart.

10.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes including RA RE codes.  RE 3 applies to persons separated from their last period of service with a waivable disqualification.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

11.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JFX was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, Chapter 5-13, for the narrative reason of personality disorder.  Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 3 as the proper 
RE code to assign Soldiers for this reason.

12.  On 18 January 2008, the Army Discharge Review Board denied the applicant's request for a change of her narrative reason for discharge.

13.  In a letter, dated 19 December 2008, provided by the applicant, a staff psychiatrist stated that the applicant continued to be a patient under the care of the Department of Veterans Affairs (VA) for treatment of post traumatic stress disorder (PTSD) resulting from her duties in combat operations in Iraq.  The psychiatrist believed the applicant's symptoms that prompted her discharge were directly attributable to PTSD and not to any type of personality disorder.  The psychiatrist further stated that the applicant was stable and did not need psychiatric medications.  The psychiatrist opined that the applicant would be able to perform duties again in an active duty environment.

14.  In a letter, dated 13 March 2009, provided by the applicant, a licensed clinical psychologist, stated that, based on a mental status examination, it was most doubtful that an Axis II borderline personality disorder ever existed in the applicant.  The psychologist believes that the applicant's symptoms at the time of her discharge were directly attributable to PTSD and not to a personality disorder.  The psychologist also opined that the applicant was fully capable of performing duties in the Armed Forces.  Furthermore, the applicant had recently completed an Associate Degree as a medical assistant which would make her even more valuable.

15.  The applicant has also provided a letter of support from her husband of 
10 years, who is a retired Army sergeant.  He essentially stated that in the 
3 years of their marriage before they were assigned to Iraq, he had not seen any signs of [mental] disorders in the applicant.  After the applicant's return from Iraq, where she had been wounded by an IED, her demeanor was different.  She showed signs of PTSD, including an inability to sleep; to relax; and she had a very low tolerance for irritable situations.  Now she is doing extremely well.  She has continued her education to become a nurse.

16.  The applicant also provided letters from her former senior drill sergeant and from a sergeant she was stationed with at Fort Carson, Colorado in 2002.  Both letters essentially state they believe the applicant suffered from PTSD but now she is fully capable of returning to active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she never had a personality disorder.  She wants her narrative reason for discharge changed and her RE code upgraded so that she can reenlist in the Army.

2.  The RE Code of 3, establishing her enlistment/reenlistment ineligibility without a waiver, was correctly entered on her separation document in accordance with governing regulations.


3.  The applicant has provided opinions from a psychiatrist and psychologist stating that she never had a personality disorder.  However, these opinions are not sufficient for the Board to doubt on the accuracy of psychiatrist's diagnosis at the time of her separation.

4.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE Code of 3.  The applicant’s desire to continue in service to her country is noted; however, there are no provisions authorizing the change of an RE Code for this purpose.

5.  The applicant still has the option of applying for enlistment, with waiver.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090014326



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ABCMR Record of Proceedings (cont)                                         AR20090014326



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