IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019203 


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, his narrative reason for separation, separation code, and reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so he can enlist.

2.  The applicant states:

* he does not believe he has a personality disorder
* the Department of Veterans Affairs denied his request for benefits because they did not believe he had a personality disorder
* the Department of Veterans Affairs in Virginia and Georgia cannot find any records based on this claim of personality disorder

3.  The applicant provides no 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 enlisted in the Regular Army on 1 February 1996.  He trained as an aircraft structural repairer and signal support systems specialist.  He served in Kuwait from 1 February 1998 to 10 July 1998 and from 1 April 2003 to 12 April 2003.  He served in Iraq from 13 April 2003 to 9 May 2003.

3.  On 4 August 2003, the applicant underwent a mental status evaluation and was diagnosed with a personality disorder, not otherwise specified, with borderline, impulsive and immature traits.  The psychiatrist remarked:

* the applicant was sent back from Iraq after threatening to shoot himself 2 months into his deployment
* he has had previous suicidal ideation and at least one attempt in 2000 along with an attempted homicide when he stabbed someone during his tour in Germany in 2000
* he made a suicide attempt via overdose in 1998
* he has a history of cutting his arms when stressed
* he had counseling for poly-substance abuse in 1998/1999
* due to his suicidal ideation with intent in a battle zone, he is not considered world-wide deployable
* he has a pervasive personality disorder and should be considered for a discharge from the Army under paragraph 5-13 or any other chapter the unit deems appropriate 

4.  Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for personality disorder were initiated on 19 August 2003.  On 19 August 2003, the applicant waived his rights and he elected not to submit a statement in his own behalf.  On 21 August 2003, the separation authority approved the recommendation and directed that the applicant receive an honorable discharge.

5.  On 8 September 2003, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.

6.  Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Army Regulation 635-200, paragraph 5-13."  Item 26 (Separation Code) of his DD Form 214 shows the entry "JFX."  Item 27 (Reentry Code) of his DD Form 214 shows the entry "3."  Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "personality disorder."

7.  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.

8.  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 SPD's 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.

9.  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.

10.  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.

11.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

12.  The SPD/RE Code Cross Reference Table, dated 31 March 2003, shows that Soldiers given an SPD 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) is 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 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)                                         AR20090019203



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ABCMR Record of Proceedings (cont)                                         AR20090019203



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