IN THE CASE OF:
BOARD DATE: 8 June 2010
DOCKET NUMBER: AR20090021646
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 change of his reentry (RE) code.
2. The applicant states he wishes to change his RE code in hopes of enlisting in the Armed Forces.
3. The applicant provides a psychological evaluation by a licensed physician.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 23 August 2005 and trained as a unit supply specialist.
2. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 12 March 2007 he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-13, by reason of a personality disorder. He had served 1 year,
6 months, and 20 days of creditable active service.
3. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [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."
4. In support of his claim, the applicant provided a psychological evaluation, dated 17 April 2008, which shows he was diagnosed with adjustment disorder with depressed mood. The evaluation states the applicant's prognosis is good, his mental status and symptoms are stable, and he [the applicant] reports he is ready to return to military duty.
5. 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.
6. 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 codes to be used for these stated reasons. The regulation states the reason for discharge based on the separation code of JFX is personality disorder and the regulatory authority is Army Regulation 635-200, paragraph 5-13.
7. 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.
* 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.
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
8. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD of JFX will be given an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The psychological evaluation provided by the applicant was carefully considered. However, in the absence of evidence to the contrary, it must be presumed that the applicants RE code was administratively correct and in conformance with applicable regulations.
2. The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant's current RE code is a waivable code. Therefore, the applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.
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.
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