IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019820 


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 his Reentry Eligibility (RE) code of RE-3 be upgraded to an RE-1 to allow him to reenlist.  

2.  The applicant states the following:

* He was wrongfully diagnosed with a personality disorder which ended his 
career
* He was deployed to Iraq in 2004
* His father became terminally ill with cancer in 2005 
* He was told his wife was cheating
* His command sent him to combat stress [counseling] where he was 
diagnosed with a personality disorder
* He has seen other behavioral health professionals who disagree with the 
diagnosis
* His command pushed him out rather than allowing him to seek other 
opinions

3.  The applicant provides his Report of Mental Status Evaluation and his Psychological Report from the Settles Counseling Service, Killeen, TX 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.  After having prior active service, the applicant enlisted in the Army National Guard on 22 July 2002.  

3.  He was ordered to active duty in support of Operation Iraqi Freedom on 2 October 2004.  

4.  He served in Iraq from 19 December 2004 to 1 June 2005.  

5.  On 7 April 2005, the applicant underwent a mental status evaluation and was diagnosed on Axis I with an adjustment disorder with anxious and depressed mood and on Axis II with a personality disorder not otherwise specified (NOS) with antisocial and borderline features.  The psychologist recommended the applicant be separated from the military under the provisions of Army Regulation 635-200, paragraph 5-13.  The psychologist also recommended the applicant be removed from theater and command should consider removing him from detainee camps due this unpredictability.  

6.  The applicant was discharged from active duty on 11 June 2005 under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.

7.  Item 26 (Separation Code) on his DD Form 214 shows his separation program designator (SPD) code as “JFX.”

8.  Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the narrative reason as “Personality Disorder.”

9.  The applicant was discharged from the Army National Guard on 12 June 2005.  

10.  The applicant provided a Psychological Report from the Settles Counseling Service, dated 2 July 2007, which indicated the following:

   a.  Applicant still displays mild depressive symptoms but he does not display 
a personality disorder as indicated in his last psychiatric evaluation;

   b.  Applicant is a well-functioning (normal) individual with no personality 
disturbances;

   c.  Applicant has undergone psychosocial stressors which may have exhibited some troubling symptoms that were largely situational and transient.

11.  Army Regulation 635-5-1 (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 codes to be used for these stated reasons.  The regulation shows that the SPD code “JFX” as shown on the applicant’s DD Form 214 specified the narrative reason for separation as involuntary release or transfer for “Personality Disorder” and that the authority for separation under this separation program designator was “Chapter 5-13, 
AR 635-200."

12.  Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

   a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met;

   b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wrongfully diagnosed with a personality disorder is noted.  However, the evidence of record shows the applicant was examined by competent military medical personnel who made a valid determination that he had a personality disorder at the time of his separation.
2.  The applicant’s request that his RE code of "3" be upgraded to “1” so he may reenlist was considered; however, it does not serve as a basis to change a properly assigned RE code regardless of the Army’s current enlistment policies.

3.  The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  His narrative reason for discharge was based on his diagnosis of a personality disorder and there is no basis upon which this reason should be changed.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

4.  The Psychological Report provided by the applicant was considered.  However, this document is insufficient as a basis to grant the relief requested.  

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)                                         AR20090019820





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ABCMR Record of Proceedings (cont)                                         AR20090019820



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