IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008735 


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 a change to her reentry eligibility (RE) code.

2.  The applicant states:

* she received an RE-3 code due to her immaturity and irresponsible behavior
* she was stationed at Fort Hood and decided she did not want to be a Soldier
* she has come to regret that decision and hopes to serve again
* she was 19 years old when she joined the Army
* she got lost among the parties and fun at Fort Hood and did not realize the awesome opportunity at her feet
* since then she has grown up and she has two small children to support

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

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 was born on 10 January 1984.  She enlisted in the Regular Army on 11 March 2003 at 19 years of age for a period of 4 years.  She trained as an administrative specialist.

3.  Records show that on 23 September 2003 and 25 September 2003 the applicant underwent a mental health evaluation and was diagnosed by a psychiatrist as having a deficiency in attitude and motivation for continued military service and a personality disorder resulting in a significant impairment in functioning that was incompatible with military service.

4.  Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for a personality disorder were initiated on 23 October 2003.  On 23 October 2003, the applicant consulted with counsel, waived her rights, and elected not to submit a statement in her own behalf.  On 31 October 2003, the separation authority approved the recommendation and directed that the applicant be furnished an honorable discharge.

5.  On 14 November 2003, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.

6.  Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Army Regulation 635-200, paragraph 5-13."  Item 26 (Separation Code) shows the entry "JFX."  Item 27 (Reentry Code) shows the entry "3."  Item 28 (Narrative Reason for Separation) shows the entry "personality disorder."

7.  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 a 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.

8.  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 SPD code JFX is personality disorder and the regulatory authority is Army Regulation 635-200, paragraph 5-13.

9.  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, U.S. Army Reserve, and Army National Guard.  Chapter 3 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

10.  The SPD/RE Code Cross Reference Table, dated 31 March 2003, shows that Soldiers given an SPD code JFX will be given an RE code 3.

DISCUSSION AND CONCLUSIONS:

1.  Age is not a sufficiently mitigating factor.  The applicant was 19 years old when she enlisted and she successfully completed training.

2.  The RE code used in the applicant's case is correct and was applied in accordance with the applicable regulations.

3.  The 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 she desires to reenter military service, she should contact a local recruiter who can best advise her on her 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.

ABCMR Record of Proceedings (cont)                                         AR20100008735



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)