IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000483 


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, correction of his military records to show a separation code, reentry eligibility (RE) code, and narrative reason for separation which would allow enlistment.

2.  The applicant states that upon enlistment in the Regular Army, the recruiter told him that his wife could travel to his first duty assignment and that they would be granted base quarters.  He continues that after arriving in Germany his commanding officer told him that his tour would be unaccompanied, even after informing him that this was not part of his contract agreement.  He states that he now wants to join the Navy.

3.  The applicant provides two DD Forms 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.  The applicant's military records show that he enlisted in the Army National Guard on 4 June 1992 and then enlisted in the Regular Army on 20 July 1993.  He completed initial entry training, was awarded the military occupational specialty of combat engineer, and was promoted to pay grade E-2.

3.  The applicant's Regular Army enlistment related documentation includes the following:

	a.  A DA Form 3286-64 (Statement for Enlistment) shows a 3-year enlistment in the military occupational specialty of combat engineer, an initial assignment to Europe, and no other programs or promises.

	b.  Item 8 (Remarks) of his DD Form 4 (Enlistment or Reenlistment Agreement) contains the entry "none."

	c.  Military Entrance Processing Station Orders 137-9 state the applicant enlisted for assignment to Europe and that he was not authorized movement of his dependents at government expense.

	d.  Headquarters, U.S. Army Training Center and Fort Jackson 
Orders 144-807, dated 23 July 1993, state concurrent travel of his family members was not authorized.

4.  A memorandum, subject: Psychiatric Evaluation of [the applicant], dated 13 August 1993, states the applicant had twice been hospitalized for superficially scratching his left wrist in the 3 weeks since his arrival in Germany.  It continues that he reported feelings of depression and emptiness since his arrival and he acknowledged ongoing self-destructive impulses.  He reported a history of difficulty being alone or tolerating feelings of abandonment.  It further stated there were indications the applicant had a long history of impulsive actions taken without regard to consequences and that his suicide gestures arose from a desire to be discharged from the military.  The memorandum provided findings and recommendations including that the applicant suffered from a personality disorder under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), paragraph 5-13.  It further stated that the disorder was a deeply-ingrained maladaptive pattern of behavior which interfered with his ability to perform duty.  Administrative separation was recommended.

5.  DA Forms 4856 (General Counseling Form) indicated he was counseled regarding the results of the psychiatric evaluation.  These forms further indicate he was advised that any further incidents of misconduct would not be tolerated and if his behavior continued, separation action may be initiated.

6.  On 25 August 1993, the applicant was advised by his commander that he was initiating action to separate him for a personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13.  He stated the reason for his proposed action was that he had been diagnosed by a licensed psychiatrist as having an adjustment disorder with mixed emotional features.  He was further advised of his rights in these proceedings.  The applicant acknowledged receipt of notification of elimination action being taken against him.

7.  On 26 August 1993, the applicant was afforded the opportunity to consult with counsel.  He declined the opportunity.

8.  On 31 August 1993, the separation authority approved the applicant's separation from the service for personality disorder.

9.  On 9 September 1993, the applicant was given an honorable discharge under the provisions of Army Regulation 635-200, paragraph 5-13, after completing a total of 1 month and 20 days of active military service.  His DD Form 214 for this period of service shows:

* item 26 (Separation Code) - "JFX"
* item 27 (Reentry Code) - "3"
* item 28 (Narrative Reason for Separation) - "Personality Disorder"

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), table C-1, stated that the SPD code JFX denoted a personality disorder.

11.  The U.S. Army Human Resources Command publishes a cross-reference table of SPD and RE codes.  This cross-reference table showed that an SPD code of JFX was assigned RE-3.

12.  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 and processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  Table 3-1 states that a code of RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.
13.  Army Regulation 601-210 provides that RE codes may be changed only if they are determined to be administratively incorrect.

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 states that a Soldier may be separated for a personality disorder when this condition is a deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant requested correction of his separation code, RE code, and narrative reason for separation, it is necessary to consider whether the reason for his discharge should be changed since these codes are based on the reason for discharge.  While the applicant contends his enlistment contract agreement stated he could take his wife with him on an accompanied tour to Germany and that they would be given base quarters, his enlistment-related documents do not reflect this.  To the contrary, orders specifically state he was not authorized concurrent travel of his family members or movement of his dependents at government expense.

2.  The applicant was sent for a psychiatric evaluation after he was twice hospitalized for superficially scratching his left wrist in suicide gestures.  The licensed psychiatrist found him to have a personality disorder.  The disorder was a deeply-ingrained maladaptive pattern of behavior which interfered with his ability to perform duty.  As such, he was properly separated for this reason.

3.  The applicant's narrative reason for separation, separation code, and RE code were administratively correct and in conformance with applicable regulations at the time of his separation.

4.  While it is commendable that the applicant wants to join the Navy, there is no basis for changing a properly-assigned narrative reason for separation, separation code, or RE code.



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)                                         AR20100000483



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ABCMR Record of Proceedings (cont)                                         AR20100000483



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