BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013583 


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, reconsideration of his earlier request for correction of item 25 (Separation Authority), item 26 (Separation Program Code (SPD), item 27 (Reenlistment (RE) Code), and item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).   

2.  As a new argument, the applicant states, in effect, his DD Form 214 should be corrected because:

* He served honorably during two tours of military service
* It has been 27 years since his discharge
* He received a Master's Degree in 2006
* He was age 26 at the time of separation and now he is age 53 and he is more responsible and educated
* He believes an injustice occurred when he volunteered for therapy and was labeled as having a personality disorder
* He signed the DD Form 214 not knowing it would follow him the rest of his life

3.  The applicant provides two certificates of achievement, one certificate of training, a picture of a Good Conduct Medal, two Honorable Discharge Certificates, a university diploma, and an honor society certificate.



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090008041, on 22 September 2009.

2.  In connection with his request for reconsideration pertaining to the correction of his DD Form 214, the applicant made a new argument, which was not previously considered by the Board.  Additionally, he submitted several documents relating to his new argument.  Both his new argument and the documents related to his argument are considered new evidence and warrant consideration by the Board.

3.  The applicant's record shows he enlisted in the Regular Army (RA) on          10 February 1977.  He was trained in and awarded military occupational specialty 76D (Materiel Supply Specialist).  He was honorably released from active duty on 2 September 1980, in the rank/grade of specialist four/E-4, and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 3 years, 
6 months, and 23 days of creditable active service with no lost time.  

4.  Records show he again enlisted in the RA on 21 September 1981.  His records contain a William Beaumont Army Medical Center (WBAMC) Form 78 (Request for Community Mental Health Activity Consultation), dated 23 February 1983, wherein his commander requested he (the applicant) be evaluated due to his inability to cope with his job and the U.S. Army.  He stated the applicant had to be relieved of his M-16 during a field exercise due to his unpredictable behavior, he was paranoid that people were "out to get him," and he seemed to have "delusions of grandeur."

5.  On 28 February 1983, the commander counseled him using a DA Form 4856-R (General Counseling Form) for failure to obey a lawful order and disrespect to a noncommissioned officer.  The counseling form states he was told actions of this type could result in elimination proceedings under the Uniform Code of Military Justice and "he was escorted from my office and evaluated by a psychiatrist."  

6.  On 28 February 1983, he underwent a mental status evaluation.  The examining psychiatrist noted he (the applicant) was self referred because of conflict with his first sergeant.  He was diagnosed with an "Anti-Social Personality Disorder:  Chronic, Severe."  The psychiatrist noted the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command and stated, "Soldier's judgement, insight and impulse control are extremely poor.  He has a chronic history of negatively acting out and of conduct disturbances." 

7.  On or about 14 March 1983, he was notified by his commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) paragraph 5-13, for a personality disorder.  The specific reasons noted were the applicant's pattern of behavior interfered with his ability to perform his duties.  His ability to effectively function in a military environment was impaired due to his personality disorder.  The applicant was notified the least favorable characterization of service or description of separation he could receive was honorable.

8.  On 14 March 1983, he acknowledged notification of his proposed discharge from the Army.  On the same date, he consulted with legal counsel and he was advised of the basis for the contemplated separation from the Army; the effect on future enlistment in the Army; and of the procedures and rights that were available to him.  

9.  On 30 March 1983, the separation authority approved his discharge under Army Regulation 635-200, paragraph 5-13 and directed issuance of an Honorable Discharge Certificate.  On 12 April 1983, he was discharged accordingly.  

10.  The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of a personality disorder, with an honorable characterization of service.  He completed 1 year, 6 months, and 22 days of creditable active service with no lost time.

11.  Item 26 of his DD Form 214 shows "JFX (JMB)" and item 27 shows "RE-3."  His records contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 14 January 1986, wherein item 27 of his DD Form 214, dated 12 April 1983 is changed to "RE-3C."

12.  On 14 October 1987, the Army Discharge Review Board (ADRB) denied his request to change the narrative reason for separation.  The ADRB found his record clearly indicated the command referred him to a psychiatrist because of adverse behavior and he was diagnosed by a qualified psychiatrist as having an anti-social personality disorder, chronic, severe.  Therefore, the reason for discharge was both proper and equitable.

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 a 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 unless it is an entry-level status separation, in which case it will be uncharacterized.  

14.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directives) for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214.  The SPD code of JFX (JMB) is the appropriate code to assign Soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, for personality disorder.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3/RE-3C as the proper reentry code to assign Soldiers separated with an SPD code of JFX (JMB).

15.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of the Regular Army RE codes.  An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  An RE-3 and RE-3C applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention the separation authority, SPD code, RE code, and narrative reason for separation on his DD Form 214 should be corrected was carefully considered.  There is insufficient evidence to support this contention.

2.  The evidence of record confirms he was diagnosed with a personality disorder by competent medical authority.  His records clearly show he was command referred for the mental evaluation and evaluated by a psychiatrist.  However, whether he was self-referred or command referred would not impact the diagnosis.  Based on this diagnosis, the separation authority, SPD code, RE code, and narrative reason for separation were designated in accordance with the applicable regulations.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  

3.  The applicant argues he served honorably on two enlistments.  The DD Form 214 he was issued shows his character of service as honorable as does the Honorable Discharge Certificate he was issued for each period of active service.

4.  In view of the foregoing, there is no basis for granting the requested relief.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090008041, dated 22 September 2009.



      _______ _ 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)                                         AR20100013583



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ABCMR Record of Proceedings (cont)                                         AR20100013583



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