IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090014467 


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 narrative reason for separation, separation code, and reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so he can reenlist in the U.S. Army Reserve. 

2.  The applicant states, in effect, that he was discharged with an RE-3 code for personality disorder, that he was not told the type of discharge he would receive, and that he signed the discharge because he wanted to get home and help his mother who had been diagnosed with cancer.  He contends that it was a stupid thing to do and if he had realized the type of separation they gave him he would not have accepted it.  He indicates he was 18 years old and forced to join the Army because of family conditions, he was not ready to responsibly serve his country, and it severely affected his motivation to finish training.  He states he is now a college educated security professional and he wants to fix his mistake and serve his country with honor.  He points out that he sent a clean bill of health in and he thought his RE code had already been changed to RE-1.  He contends the RE-3, the personality disorder (narrative reason for separation), and the separation code were wrong and he did not realize it at the time. 
 
3.  The applicant states he has made so many strides since he was an uneducated 18 year old, he changed his life and got his GED [General Equivalency Diploma], he attended college, and he has become a productive member of society. 

4.  The applicant provides three character reference letters 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 was born on 15 July 1971.  He enlisted in the Regular Army on 25 October 1989 for a period of 4 years.  

3.  In his second week of basic combat training, the applicant was referred to the Community Mental Health Service for stress related stomach pains.  On 
9 November 1989, the applicant was diagnosed with an adjustment disorder (physical complaints, mixed emotional features) and a personality disorder (borderline, inadequate, avoidant traits).

4.  Discharge proceedings under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder were initiated on 14 November 1989.  On 15 November 1989, the applicant waived his rights and he elected not to submit a statement in his own behalf.  On 29 November 1989, the separation authority approved the recommendation and directed that the applicant receive an uncharacterized discharge.

5.  On 5 December 1989, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13, for personality disorder.  His character of service was uncharacterized.

6.  Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation 635-200] 635-200 PARA [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 3."  Item 
28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "PERSONALITY DISORDER."
7.  In support of his claim, the applicant provided three character reference letters from former employers.  They attest that the applicant is a dependable employee, that he is responsible and reliable, that he is extremely competent, efficient, and punctual, and that he has a positive attitude.

8.  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.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) 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.

10.  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.

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.  The SPD/RE Code Cross Reference Table, dated 2 October 1989, shows that Soldiers given a separation program designator of "JFX" will be given an RE code of 3.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the narrative reason for separation (personality disorder) and the separation code are wrong 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.

2.  The character reference letters submitted on behalf of the applicant and the applicant's good post service conduct were also noted.  However, the narrative reason for separation, the separation code, and the RE code used in the applicant’s case are correct and were 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.



      _______ _   _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)                                         AR20090014467





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ABCMR Record of Proceedings (cont)                                         AR20090014467



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