IN THE CASE OF:	  

		BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090020886 


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 his reentry eligibility (RE) code be changed from an RE code of 3 to an RE code that will allow him to reenter the military.

2.  The applicant states he does not believe he has a personality disorder.  Prior to his discharge, he experienced a personal tragedy.  During basic training he was notified his prematurely born son was gravely ill.  His son passed away while he was traveling home on emergency leave.  This was the second child he lost under these circumstances.  Admittedly, he went through a personality change that lasted for an extended period of time, but in no way would he consider it a personality disorder.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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.  His military records show he enlisted in the Army Delayed Entry Program on 9 April 1991.  He enlisted in the Regular Army in pay grade E-1 on 8 May 1991, for 4 years.  He completed training and was awarded military occupational specialty 94B, Food Service Specialist.  He was advanced to pay grade E-2 on 8 November 1991.  

3.  On 12 November 1991, he accepted punishment under Article 15, Uniform Code of Military Justice, for failure to follow a lawful order and for failure to report to duty.  His punishment included 14 days extra duty and restriction.

4.  A Report of Mental Status Evaluation, dated 11 December 1991, that was completed during the applicant's separation processing shows his behavior was normal, he was fully alert and fully oriented.  His mood was depressed, his thinking process was clear, his thought content was normal, and his memory was good.  The evaluating psychiatrist diagnosed him with a dependent personality disorder.  The condition was a deeply-ingrained and maladaptive pattern of behavior of long duration which interfered with his ability to perform duty.  The evaluating psychiatrist recommended that the applicant be separated because the disorder was so severe that his ability to function in the military environment was significantly impaired.  

5.  On 27 December 1991, in a memorandum written to the division commander, the applicant's unit commander recommended that the applicant be separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 5-13, for dependent personality disorder.  The unit commander stated that applicant arrived at the unit a few months earlier and he had been unable to adapt and adjust to the military lifestyle.  He appeared to be continually depressed and lacked motivation to perform his duties in an acceptable manner.  He sought counseling through the Baumholder Military Community Mental Health Department and also through his unit chaplain.  The unit commander also stated he had not seen any marked improvement in the applicant’s appearance and he had been informed that the applicant’s attitude, self-esteem, and outlook upon life had not improved since seeking treatment.  He believed the applicant and the Army would benefit if he were discharged immediately.

6.  On 30 December 1991, the battalion chaplain stated the applicant had related to him that he had an inability to adapt and adjust to the military lifestyle and that he desired to be released from the military.  The chaplain recommended that the applicant wait a few weeks longer and give himself a chance to adjust to the military ways.  After many weeks, the applicant still remained unable to cope with the military lifestyle.  The chaplain also stated it was obvious the applicant was under a lot of stress and had sought medical attention for those problems.  It was his opinion the applicant was sincere in his inability to adjust to the military and it would be in the applicant’s best interest if he was released from active service.

7.  On 13 February 1992, he was counseled for failure to report.  

8.  On 2 March 1992, the applicant's unit commander notified him that he was initiating action to separate him under the provisions of Army Regulation 
635-200, paragraph 5-13, for a diagnosed personality disorder with an honorable discharge.  

9.  On 3 March 1992, after consulting with counsel, the applicant acknowledged receipt of the proposed elimination action to separate him.  He acknowledged he understood its effects and the rights available to him.  He also elected not to submit a statement in his own behalf.  

10.  On 3 March 1992, the battalion commander recommended that the applicant be separated from the Army under the provisions of Army Regulation 635-200, chapter 5-13, prior to his expiration term of service date with an honorable discharge.  

11.  On the same date, the separation authority approved the recommendation for the applicant's discharge and directed that he be issued an Honorable Discharge Certificate.

12.  On 17 March 1992, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for Personality Disorder in pay grade E-2.  He was credited with 10 months and 10 days of net active service.  Item 26 (Separation Code) of his DD Form 214 shows "JFX" and Item 27 (RE Code) shows a "3."

13.  Army Regulation 635-200, paragraph 5-13, then in effect, specified a Soldier could be separated for personality disorders (not amounting to disability) that interfered with assignment or with performance of duty, when so disposed as
indicated in the Soldier's ability to perform duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who was privileged to conduct mental health evaluations for the Department of Defense components.  When it had been determined that separation under that paragraph was appropriate, the unit commander would take the actions specified in the notification procedure.  The service of a Soldier separated per this paragraph would be characterized as honorable.

14.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), then in effect, provided prior to discharge or release from active duty, individuals would be assigned RE codes based on their service records or the reason for discharge.  Chapter 3 of the regulation included a list of Armed Forces reentry codes, including Regular Army RE codes.  RE-3 applied to persons not qualified for continued Army service, but the disqualification was waivable.  

15.  Army Regulation 635-5-1 (Separation Program Designator Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator (SPD) codes to be used for these stated reasons.  The regulation shows that the SPD of "JFX" as shown on his DD Form 214 was appropriate when the narrative reason for involuntary discharge was "personality disorder" and the authority for discharge is Army Regulation 635-200, paragraph 5-13.

16.  The SPD/RE Code Cross Reference Table, in effect at the time, provided instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also showed SPD codes with their corresponding RE codes.  The SPD code of "JFX" has a corresponding RE code of "3."  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he underwent a mental status evaluation, in which a military psychiatrist diagnosed him with a dependent personality disorder that was a deeply-ingrained and maladaptive pattern of behavior of long duration
which interfered with the applicant’s ability to perform duty.  His unit commander stated the applicant arrived at the unit a few months ago and he had been unable to adapt and adjust to the military lifestyle.  He appeared to be continually depressed and lacked motivation to perform his duties in an acceptable manner. He sought counseling through mental health and the unit chaplain.  The unit commander also stated he had not seen any marked improvement in his appearance and he had been informed that the applicant's attitude, self-esteem, and outlook upon life had not improved since seeking treatment.  The unit commander recommended that the applicant be discharged based on his diagnosed personality disorder.  
2.  On 17 March 1992, the applicant was honorably discharged and assigned an SPD code of "JFX" that has a corresponding RE code of "3."  The RE code that is on his DD Form 214 is commensurate with and corresponds with his narrative reason for separation.

3.  It is noted an RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

4.  In order to justify correction of a military record, he must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  He has failed to submit evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting his 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)                                         AR20090020886



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ABCMR Record of Proceedings (cont)                                         AR20090020886



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