IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100030278 


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 correction of item 26 (Separation Code), item 27 (Reentry (RE) Code), and item 28 (Narrative Reason for Separation) on his      DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he has never had a personality disorder.  He claims everyone he has ever worked with says he works well with others.  He states he has never had an illness of any kind.

3.  The applicant provides a National Personnel Records Center (NPRC) letter and accompanying documents in support of his 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 enlisted in the Regular Army on 3 April 1996.  He was assigned to Fort Knox, KY to attend basic combat training (BCT).

3.  While the applicant was in BCT he underwent a psychiatric evaluation at the behavioral medicine clinic between 29 April and 6 May 1996.  The evaluators indicated the applicant stated he could not handle the stress of training and he wanted to go home.  The applicant also indicated he would do whatever it took to be separated from the service to include going absent without leave (AWOL).

4.  On 6 May 1996, the Chief, Behavioral Medicine Clinic, evaluated the applicant and diagnosed him with a personality disorder with passive aggressive traits and immaturity.  He recommended the applicant be removed from further emotional stress involved in BCT pending separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 
5-13 (Personality Disorder).  He further indicated the applicant was not likely to be amenable to coercion or retraining and such additional stress could cause further deterioration and result in hospitalization, psychosis, suicidal gestures, attempts, or other undesirable behavior.  He also confirmed the applicant’s condition did not qualify for separation processing through medical channels.

5.  On 7 May 1996, the unit commander recommended the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-13, based on his diagnosed personality disorder.  He further recommended the applicant’s service be described as “Uncharacterized” because he was in an entry level status (ELS).

6.  On 9 May 1996, the applicant consulted with legal counsel and he was advised of the basis for the contemplated separation and of its effects, and of the rights available to him.  Subsequent to receiving legal counsel, the applicant elected not to submit statements in his own behalf.

7.  On 23 May 1996, the separation authority approved the applicant’s separation under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder and directed the applicant receive an ELS separation.  On 29 May 1996, the applicant was discharged accordingly.

8.  The DD Form 214 issued to the applicant upon his discharge on 29 May 1996 shows he was separated, in the rank/grade of private (PV1)/E-1 after completing 1 month and 27 days of total active service.


9.   Item 25 (Separation Authority) of his DD Form 214 shows he was separated under the provisions of Army Regulation 635-200, paragraph 5-13.  Item 26 shows he was assigned a separation program designator (SPD) code of JFX and item 27 shows he was assigned an RE code of 3.   Item 28 lists the narrative reason for his separation as “personality disorder.”  

10.  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 personality disorder, not amounting to 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 Soldiers ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired, and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army regulation 604-10 (Military Personnel Security Program), or Army Regulation 635-40.

11.  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 the SPD code of JFX is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.   The Department of the Army SPD/RE Code Cross Reference Table stipulates that an RE code of 3 is the proper code to assign members who are separated under the provisions of Army Regulation 635-200, paragraph 5-13, and are assigned an SPD code of JFX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of the separation code, RE code, and narrative reason for discharge listed on his DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant’s separation was accomplished in accordance with applicable laws and regulations, and his rights were protected throughout the separation process.  Based on his stated inability to cope with the stress of BCT and the personality disorder diagnosed by competent Army medical personnel, he was properly separated by reason of personality disorder and assigned the appropriate separation and RE codes.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.
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 failed to submit evidence that would satisfy this 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)                                         AR20100030278



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100030278



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1