IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20090021358 


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 correction of Item 25 (Narrative Reason for Separation) and item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* while serving in the Army he felt he abandoned his grandmother, who has since passed away, and his disabled uncle and his immediate concern at the time was to go home to assist them
* it was his understanding that his service would be categorized as a hardship, thus allowing him to reenter the Army at a later date
* both the Records Management Center (RMC) and the National Personnel Records Center (NPRC) indicated that no records of any kind exists for him

3.  The applicant provides the following documents in support of his application:

* NPRC Letter
* Department of Veterans Affairs, RMC Letter

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 the Regular Army (RA) on 30 June 1993.  He was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer).

3.  The applicant’s Official Military Personnel File (OMPF) contains a DA Form 3975 (Military Police Report), dated 15 November 1993, that shows the applicant attempted suicide on 14 November 1993.

4.  On 9 December 1993, the applicant underwent a mental status evaluation that showed the following:

* his behavior and thought content were normal
* he was fully alert and oriented
* his mood was determined to be unremarkable 
* his thinking process was clear
* his memory was good
* he was mentally responsible
* he met retention requirements
* he had the mental capacity to understand and participate in separation proceedings

5.  The examining psychiatrist also stated that the conditions and problems the applicant presented were not, in his opinion, amendable to hospitalization, treatment, transfer, disciplinary action training, or reclassification of any type of duty within the military.  It was unlikely that efforts to rehabilitate or develop the applicant into a satisfactory member of the military would be successful and it would be in the best of interest of the applicant and the Army to expeditiously separate him.  The medical document that contained the examining psychiatrist’s diagnosis is not included in the applicant’s OMPF.
6.  On 19 January 1994, the applicant’s unit commander notified him that he was contemplating action to separate him under the provisions of paragraph 5-13, Army Regulation 635-200, based on his diagnosed personality disorder.

7.  On 19 January 1994, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, its effects and of the rights available to him.  He completed a statement in which he acknowledged that he could be ineligible for many or all benefits as a veteran under both State and Federal laws and that he could expect to encounter substantial prejudice in civilian life based on his discharge.  Subsequent to his counseling, the applicant elected not to submit statements in his own behalf.

8.  The separation authority approved the applicant’s separation action under the provisions of paragraph 5-13, Army Regulation 635-200 due to a personality disorder, and directed that the applicant be issued an honorable discharge.  On 
9 February 1994, the applicant was discharged accordingly.

9.  The DD Form 214 issued to the applicant shows in Item 25 (Separation Authority) the separation authority as, paragraph 5-13, Army Regulation 635-200. Item 26 (Separation Code) lists the Separation Program Designator (SPD) code of JFX, Item 27 contains the entry “3,” and Item 28 contains the entry “Personality Disorder.”  

10.  There is no indication that the applicant applied to the Army Discharge Review Board (ADRB) for a change in his reason for discharge within the ADRB's 15-year statute of limitations.

11.  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 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US 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, including RA RE codes.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.


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

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 27 and 28 of his DD Form 214 should be corrected.

2.  By regulation, members may be separated under the provisions of paragraph 5-13, Army Regulation 635-200 if they suffer from a personality disorder, not amounting to a disability which interferes with assignment to or performance of duty; and the proper RE code to assign members for this reason is an Re code 
of 3.

3.  The evidence of record indicates the applicant was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis, his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Accordingly, the RE code listed in item 27 and the reason and authority listed in item 28 of the applicant’s DD Form 214 are correct and there is no basis upon which to grant the requested relief in this case.

4.  The applicant is advised that although no change is being recommended to his RE code, this does not mean that he is permanently disqualified from reenlistment.  An RE code of 3 is applicable for members who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  Therefore, if he desires to reenter the service, he should contact a local recruiter who is best qualified to determine his eligibility based on the needs of the Army, and who can process an RE code waiver.
5.  In view of the foregoing, the applicant’s request should be denied.

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)                                         AR20090021358



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021358



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1