IN THE CASE OF:	

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090016775 


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 reentry eligibility (RE) code of RE-3 be changed to RE-1 so he can enlist.

2.  The applicant states he was discharged for having a personality disorder (non-specified) with a separation program designator (SPD) code of JFX.  He received an RE-3 and needs his RE code changed to RE-1 so he can enlist.  He also states, in effect, that he was reevaluated by the Department of Veterans Affairs (VA) and they did not diagnose him as having a disorder.

3.  The applicant provides no additional documentation in support of this 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 record shows he enlisted in the Regular Army 4 March 1998.

3.  On 21 June 2000, the applicant underwent a mental status evaluation.  The examining psychiatrist diagnosed him with personality disorder (non specific).  The examining psychiatrist stated that the applicant had a deeply ingrained, maladaptive behavior of long duration which interfered with his ability to perform duty.  Further, the disorder was so severe that the ability to function in the military environment was significantly impaired.  It was the opinion of this examiner that discharging the member from the Army in accordance with paragraph 5-13, Army Regulation 635-200 (Personnel Separations), is in the best interests of both the individual and the Army.

4.  The separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, due to a personality disorder and directed that the applicant receive an honorable discharge.  On 12 August 2000, the applicant was discharged accordingly.

5.  The DD Form 214 issued to the applicant upon his separation confirms the following:

* item 26 (Separation Code) JFX
* item 27 (Reentry Code) 3
* item 21 (Signature of Member Being Separated) the applicant's authentication of DD Form 214

6.  The applicant submitted a copy of his psychological assessment progress notes, dated 10 June 2009, from the Southern Arizona VA Hospital which states that he denied symptoms of psychosis, obsessions, compulsive behaviors, symptoms of depression, anxiety, and mania.  The assessment states that the applicant attempted suicide while in the Army by overdosing on muscle relaxers due to depression because he was charged with committing adultery, was reduced in grade, and his wife divorced him.  The applicant admitted to a    history of drug abuse including marijuana (beginning in high school), methamphetamines (beginning in 2000), and crack cocaine and was arrested once for possession, but estimates that he has been sober for 18 months to 2 years.  Evaluations revealed no current anxiety symptoms, some familial discord, some symptoms of obsessive-compulsive personality disorder, but does not meet the criteria for a personality disorder nor is he experiencing significant mental health difficulties.  The assessment concludes by stating that due to his occupational history of six jobs in 2 years, substance abuse history, and arrears with child support, he may experience similar problems in the future.

7.  There is no indication that the applicant applied to the Army Discharge Review Board for a change to his discharge within its 15-year statute of limitations.

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 disability, which 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.  It further specifies that the service of Soldiers separated under this provision will be characterized as honorable unless in an entry-level status, in which case it will be uncharacterized.

9.  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 JFX is the appropriate code to assign Soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of a personality disorder.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign to Soldiers separated with SPD code JFX.

10.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the VA diagnosis, the evidence of record confirms the applicant was diagnosed with a personality disorder by competent military medical authority.  Based on this diagnosis an RE code of 3 was designated in accordance with the applicable regulations.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

2.  In order to justify correction of a military record, the applicant must satisfactorily show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit sufficient 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.

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)                                         AR20090016775



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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