BOARD DATE:	  17 June 2010 

		DOCKET NUMBER:  AR20100000517 


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, that her reentry eligibility (RE) code be changed to RE-1.

2.  The applicant states, in effect, that she was assigned an RE code of "3" at the time of her discharge.  She believes it to be in error and should have been a code of RE-2 or less.  She states she is not sure why she was discharged and that she believes she was not given a fair chance by her unit.  She states she has changed her behavior and she desires to enlist.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) in San Diego, California, on 22 April 1999 for a period of 8 years.  She completed her training and continued to serve in the USAR.  She was promoted to the pay grade of E-5 on 15 July 2005.  She was ordered to active duty effective 11 December 2005

2.  On 20 December 2005, the applicant was approved for enlistment as a mobilized Reserve Component Soldier into the Regular Army in the rank of sergeant in military occupational specialty 88N (transportation management coordinator).

3.  On 31 December 2005, she enlisted in the Regular Army for a period of 5 years and a selective reenlistment bonus.

4.  The applicant was transferred to Iraq on 1 August 2007 and on 20 September 2007 she was referred to the Mental Health Center at Camp Stryker for a mental status evaluation.  She was diagnosed as having an axis II personality disorder, not otherwise specified schizotypal traits.  The examining psychologist indicated that the axis II personality disorder diagnosis represents a character and behavior disorder within the meaning of Army Regulation 40-501 (Standards of Medical Fitness); Army Regulation 635-200 (Personnel Separations), paragraph 5-13; Diagnostic and Statistical Manual of Mental Disorders (4th Edition); and International Classification of Diseases (9th Revision).  He went on to state that her condition was characterized by a long standing history of cognitive, affective, and behavioral deficits that significantly interfere with her ability to function adequately and effectively in a military environment.  He also stated that expeditious separation would be in the best interest of the Army and the service member.

5.  On 2 October 2007, the applicant's commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, paragraph 5-13, due to her being diagnosed as having a personality disorder with schizotypal traits that interfere with her assignment and performance of her duties.

6.  After consulting with counsel, she waived all of her rights and elected not to submit a statement in her own behalf.

7.  The appropriate authority approved the recommendation for separation on 6 October 2007 and directed that she be furnished an Honorable Discharge Certificate.

8.  Accordingly, she was honorably discharged on 9 November 2007 under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  She was issued a separation code of JFX and an RE code of 3.

9.  Army Regulation 635-200, paragraph 5-13, provides the criteria for discharge because of a personality disorder.  It states that a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  Enlisted personnel separated by reason of a personality disorder receive a separation code of JFX and an RE code of 3.

10.  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 USAR.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

11.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.  She had been diagnosed by competent military medical authorities as having a personality disorder.  She was notified that this was the reason for her separation.  She was properly issued a separation code of JFX and an RE code of 3in accordance with the applicable regulations.

2.  While the applicant still has the right to apply for a waiver of her RE code to enlist at any recruiting office after 2 years have elapsed, there is no basis to change her RE code without evidence to show that she was issued the wrong code.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x__  ___x____  ____x____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of her service in arms.



      ___________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)                                         AR20100000517



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR2