BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100025183 


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 that his narrative reason for separation and reentry (RE) Code be changed to a more favorable reason and code.

2.  The applicant states that he has been found not to have any personality disorder and he wishes to reenlist.

3.  The applicant provides a statement/exam report from a physician dated in January 2008 which indicates that the applicant does not present with a personality disorder, rather he has beliefs and traits not conducive to military life. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 17 May 2004 for a period of 4 years and 16 weeks.  He completed his one-station unit training (OSUT) at Fort Sill, Oklahoma and was transferred to Fort Hood, Texas for his first and only duty assignment.

2.  He deployed to Iraq on 28 November 2005 and served there until 17 May 2006 when he was returned to Fort Hood.

3.  On 7 June 2006 he underwent a mental status evaluation by the chief of in-patient psychiatry at Darnall Army Medical Center as having a personality disorder not otherwise specified (Schizoid, Paranoid).  The psychiatrist also indicated that the applicant had been seen at Landstuhl Army Medical Center and Walter Reed Army Medical Center and that his personality disorder caused him to have occupational and interpersonal impairment.  He also displayed some traits of Asperger’s disorder that existed prior to service.  The psychiatrist opined that the applicant did not qualify for medical processing under the Physical Disability Evaluation System and recommended that he be discharged under the provisions of Army Regulation 635-200, paragraph 5-13.

4.  On 9 June 2006 the applicant’s commander notified the applicant that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 5-13, due to his being diagnosed as having a personality disorder.

5.  After consulting with counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf.

6.  The appropriate authority approved the recommendation for discharge and directed that he be furnished an Honorable Discharge Certificate.

7.  Accordingly, he was honorably discharged on 29 June 2006 under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.

8.  On 13 August 2009 he applied to the Army Discharge Review Board (ADRB) requesting that his narrative reason for separation and RE Code be changed because it was hampering his employment opportunities.  The ADRB determined that his narrative reason for separation and RE Code were correct and voted unanimously to deny his request on 9 June 2010.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-4 applies to persons who have a non-waivable disqualification.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states, in pertinent part, that the SPD code of JFX is the appropriate code to assign to Soldiers separated under the provisions of Chapter 5, Army Regulation 635-200, by reason of personality disorder.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFX.

11.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that exists at the time of separation.  Changes that occur subsequent to the date of separation are not authorized to be entered on that form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was diagnosed by competent medical authority as having a personality disorder not otherwise specified (schizoid, paranoid) and his applicant’s administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  The applicant was separated under the provisions of Army Regulation        635-200, paragraph 5-13 due to a personality disorder.  Therefore, he was properly issued a narrative reason for separation of “Personality Disorder” and a  RE Code of “3” in accordance with the applicable regulations.

3.  There are procedures whereby the applicant can apply to a local recruiter for a waiver of his RE Code if he is in fact physically qualified and the needs of the Army at the time justify his return to service.  While the applicant still has the right to apply for a waiver of his RE Code to enlist at any recruiting office, there is no basis for this Board to change his narrative reason for separation and RE Code without evidence to show that he was issued the wrong reason and code.  

4.  Although the applicant has provided an unsigned copy of an exam report from a physician indicating that he does not present with a personality disorder, that in itself does not establish that he did not have a personality disorder at the time he was originally diagnosed and discharged.  It is also noted that the exam report indicates that his beliefs and traits are not conducive to military life, which further supports the actions taken by the Army at the time of his discharge.

5.  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 the aforementioned requirement.



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)                                         AR20100025183





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ABCMR Record of Proceedings (cont)                                         AR20100025183



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