BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100021635 


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 narrative reason for separation and reentry (RE) code to allow him to reenter military service.

2.  The applicant states he was told at the time of separation he could reenter military service with the RE code he was given.  He has attempted to reenlist in several branches of the armed forces, but has been denied.

3.  The applicant provides a copy of his DD Form 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 enlisted in the Regular Army (RA) on 6 November 2003, he completed training, and he was awarded military occupational specialty 11B (Infantryman).

3.  The applicant received a negative General Counseling Statement for failing to go at the time prescribed to his appointed place of duty on 14 June 2006.

4.  His record contains a DA Form 3822-R (Report of Mental Status Evaluation), dated 19 June 2006, that provides the following:

	a.  the service member (SM) was re-evaluated on 6 June 2006 at the Behavioral Health Clinic, Madigan Army Medical Center, Tacoma, WA (after a psychiatric admission in early February 2006 and an initial Emergency Room referral on 28 February 2006) for concerns about continued maladaptive thoughts and behaviors and suitability for continued military service;

	b.  the evaluation revealed that the SM is not suitable for continued service due to ongoing emotional disturbance with underlying maladaptive personality traits and associated maladaptive thoughts and behavior; 

	c.  his current level of increased emotional distress was primarily arising from maladaptive coping and personality traits suggestive of personality disorder, with some residual effects of a recent combat deployment as a secondary factor.  The traits identified likely developed during childhood and usually indicate that such individuals will continue to have difficulty managing stressful events unless they learn and implement new, more constructive coping skills; 

	d.  the emotional instability and personality disturbance was at a level that it was impairing the applicant’s occupational functioning capacity and was not likely to change significantly as long as the applicant remained in the military, and was likely to worsen on a future deployment; 

	e.  the psychiatric condition did not rise to the level of a medical board consideration; therefore, it was recommended that the applicant be administratively separated in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 5-13 (Separation because of personality disorder).  The applicant reported passive suicidal ideation but denied homicidal ideation so the applicant was considered a low risk; however, some precautions were recommended; 

	f.  The attending psychologist afforded the diagnostic impression of: 

* Axis I: Adjustment Disorder with Mixed Emotional Features 
* Axis II: Personality Disorder Not Otherwise Specified

	g.  the attending psychologist considered the applicant to be potentially dangerous. He stated the applicant does not have a severe mental disorder; however, the applicant manifests a long-standing disorder of character, behavior, and adaptability that is of such severity so as to preclude adequate military service.  Although not currently at significant (moderate-high) risk for suicide or homicide, due to the service member’s lifelong pattern of maladaptive responses to routine personal and/or work-related stressors, the applicant was likely to exercise poor judgment and become dangerous to himself or others in the future. The applicant's personality disorder wound not respond to command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification) or to any treatment methods currently available in any military mental health facility; and

	h.  immediate separation was recommended.

5.  On 19 July 2006, the applicant's unit commander initiated separation proceedings under Army Regulation 635-200, paragraph 5-13, for a personality disorder.

6.  On 9 August 2006, after consulting with legal counsel, the applicant acknowledged the separation action.  He acknowledged that if administratively separated, he was not eligible to apply for enlistment for two years.

7.  On 29 September 2006, the separation authority approved the separation action under Army Regulation 635-200, paragraph 5-13, for a personality disorder, and directed the applicant be discharged with an honorable characterization of service 

8.  The applicant was honorably discharged 19 October 2006.  His DD Form 214 provides in:

* item 25 (Separation Authority) the entry Army Regulation 635-200, paragraph 5-13
* item 26 (Separation Code) the entry "JFX"
* item 27 Reentry Code) the entry "3"
* item 28 (Narrative Reason for Separation) the entry personality disorder

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13, in effect at the time, provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  It indicates that a separation under the provisions of Army Regulation 635-200, paragraph 5-13, mandates an SPD of "JFX."

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the RA, U.S. Army Reserve, and the Army National Guard.  The SPD/RE Code Cross-Reference Table indicates an SPD of "JFX" requires an RE code of "3."

12.  Army Regulation 601-210, Table 3-1, includes a list of the RA RE codes:

	a.  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.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was told at the time of separation he could reenter military service with the RE code he was given.  He has attempted to reenter military service in several branches of the armed forces, but has been denied. 

2.  A separation under Army Regulation 635-200, paragraph 5-13, requires an SPD of "JFX," which in turn requires an RE code of "3."  In order to justify an RE code change, the reason for the applicant's discharge would have to be changed.

3.  The applicant was diagnosed as having an adjustment disorder with mixed emotional features and an unspecified personality disorder.  He has not provided any evidence to question the validity of this diagnosis.

4.  Further, an RE-3 code does not bar the applicant from reenlisting; however, it does necessitate a waiver to reenter military service.

5.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.  No relief is warranted.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100021635



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ABCMR Record of Proceedings (cont)                                         AR20100021635



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