IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110006741 


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 his Reentry (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states that he believes the record to be unjust in his discharge.  He wanted to leave the military “under his own consonance.”  He would like his RE Code changed so he can enlist in the U.S. Marine Corps.

3.  He provides no additional evidence.

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's military records show he enlisted in the Delayed Entry Program on 12 July 2006.  He enlisted in the Regular Army (RA), in pay grade
E-1, on 4 January 2007, 4 years.  He did not complete advanced individual training for award of a military occupational specialty.

3.  A Report of Mental Status Evaluation, dated 8 January 2007, found the applicant’s behavior to be normal and he was fully alert and fully oriented.  His mood or affect was unremarkable, his thinking process was clear, his thought content normal, and his memory was good.  The evaluating physician, a doctor of psychiatry, stated:

   a.  the applicant had the mental capacity to understand and participate in the discharge proceedings, was mentally responsible, and met the retention requirements of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.
   
   b.  the applicant was seen at the Center for Mental Health Services upon referral from the Combined Troop Medical Clinic after being placed on Unit Watch.  The applicant reported a history of diagnosis and treatment for Attention-deficit/hyperactivity disorder and Bipolar Disorder, and mandated anger management class.  Medication for Bipolar Disorder was discontinued 6 months ago without consulting a physician.  The applicant reported legal history to include assaultive behavior and he admitted to past homicidal ideations with intent.
   
   c.  the applicant’s history of symptoms and behaviors are consistent with a diagnosis of Antisocial Personality Disorder.  The condition was significant enough that it could potentially interfere with his judgment, reliability, and/or condition was not amenable to short-term treatment while in training.  If retained in the service, command could anticipate poor anger and impulse control, aggressive behaviors toward others, substance abuse, unreliability in stressful situations, and increased risk of accidents.  
   
   d.  the command was advised to consider the discharge to be in the best interest of the Soldier, as well as the unit.  He was recommending the applicant be separated under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 5-13.

4.  On 11 January 2007, the applicant acknowledged formal counseling concerning deficiencies under Army Regulation 635-200, paragraph 5-13, and stated that he would not overcome his deficiencies and waived the opportunity to do so.

5.  On 1 February 2007, the applicant’s unit commander notified the applicant that he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-13, for a Personality Disorder, based on his 8 January 2007 evaluation by Behavioral Medicine.  He recommended the applicant receive characterization of entry-level separation.

6.  On 1 February 2007, after consulting with counsel, he acknowledged the proposed elimination action to separate him for a Personality Disorder under the provisions of Army Regulation 635-200, chapter 5, its effects, and the rights available to him.  He also acknowledged he would receive an uncharacterized entry-level separation and he elected not to submit a statement in his own behalf. 

7.  On 1 February 2007, the applicant's command recommended approval of the applicant’s separation from the Army under the provisions of Army Regulation 635-200, paragraph 5-13.

8.  On 6 February 2007, the recommendation for discharge was found to be legally sufficient.

9.  In February 2007, the separation authority approved the recommendation for discharge and directed the applicant be issued an entry-level separation – uncharacterized.

10.  He was discharged in pay grade E-1 on 13 February 2007 under the provisions of Army Regulation 635-200, paragraph 5-13, for Personality Disorder, His character of service was uncharacterized.  He was credited with completion of 1 month and 10 days of net active service.  He was assigned a separation code of JFX and an RE Code of 3.

11.  Army Regulation 635-200, paragraph 5-13, then in effect, specified that a Soldier could be separated for personality disorders (not amounting to disability) that interfered with assignment or with performance of duty, when so disposed as indicated in the Soldier's ability to perform duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who was privileged to conduct mental health evaluations for the Department of Defense components.  When it had been determined that separation under that paragraph was appropriate, the unit commander would take the actions specified in the notification procedure.  The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  

12.  Army Regulation 635-200 states a Soldier is in an entry-level status if the Soldier has not completed more than 180 days (6 months) of creditable continuous active duty prior to the initiation of the separation action.
13.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Reserve.  The regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces reentry codes, including RA RE Codes.  
RE-3 applies to persons separated with a waivable disqualification.  

14.  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 SPDs to be used for these stated reasons.  The regulation shows the SPD of "JFX" as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge for “Personality Disorder” and the authority for discharge is Army Regulation 
635-200, paragraph 5-13.  

15.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows SPD codes with their corresponding RE code.  The cross reference table in effect at the time of his release from active duty shows the SPD Code of "JFX" had a corresponding RE Code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged on 13 February 2007, under the provisions of Army Regulation 635-200, paragraph 5-13, and assigned an SPD code JFX and RE Code of "3."  In accordance with Army Regulation 601-210, his assigned RE code of 3 is consistent with the SPD/RE code cross reference table for Soldiers discharged for Personality Disorder.  The evidence also shows he was properly discharged in accordance with pertinent regulations, with due process.  

2.  There is no evidence of record and he provided none to show that his assigned RE Code of “3” is in error or unjust.  Therefore, he has established no basis for changing his existing RE Code.  RE codes are not to be considered derogatory in nature, they are simply codes used for identification of an enlistment processing procedure.  

3.  In view of the foregoing, there is no basis for granting his 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)                                         AR20110006741





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ABCMR Record of Proceedings (cont)                                         AR20110006741



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