IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110008175 


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, that her reentry (RE) code of RE-4 be changed to an RE-2 which would allow her the option to reenter the military.

2.  The applicant states, in effect, the endorsement from her commander, dated 2 November 1988, approving her discharge directed that she be transferred to the Individual Ready Reserve (IRR) in accordance with paragraph 1-36a(8) of Army Regulation 635-200 (Personnel Separations-Enlisted Separations).  She believes this should indicate he believed she had potential for further military service.  She further states that paragraph 5-13a of Army Regulation 635-200 states that in order for a diagnosis of a personality disorder to be made, she must have been evaluated by a psychiatrist or clinical psychologist.  She states she was seen by neither.  She adds that paragraph 5-13(c) states to be discharged for a personality disorder the disorder must be so severe that the Soldier's ability to perform in a military environment is "significantly impaired." 

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) and an endorsement approving her separation action.

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.  She enlisted in the Regular Army (RA) on 15 July 1987 for a period of 3 years.

3.  While assigned to the 25th Aviation Regiment, 25th Infantry Division, Schofield Barracks, Hawaii, on 5 October 1988, the applicant underwent a mental status evaluation by the division psychiatrist at the mental health clinic.

   a.  The examiner stated she had suffered from recurrent depressive episodes since she had been in the Army.  The examiner stated she was predisposed to depression and poor interpersonal relationships by her underlying personality structure and by her chaotic, constrictive upbringing.  The examiner diagnosed the applicant with "personality disorder not otherwise specified (histrionic, dependent, immature)" as described in Army Regulation 40-501 (Standards of Medical Fitness), Army Regulation 635-200, and the Diagnostic and Statistical Manual of Mental Disorders, 3rd edition, revised.  The examiner stated this personality disorder was not amenable to brief treatment, hospitalization, rehabilitative transfer, military occupational specialty reclassification, or disciplinary action.
   
   b.  The examiner strongly recommended that the applicant be administratively separated in accordance with Army Regulation 635-200, paragraph 5-13.  The examiner stated the applicant's health would continue to deteriorate if she were retained and if so, she may require hospitalization.  The examiner indicated that at the time there was no psychiatric disorder that warranted a medical evaluation board.
   
   c.  The examiner further stated the applicant was referred to a treatment group through Pearl Harbor Family Services and recommended that the applicant initiate the treatment immediately.
   
4.  On 13 October 1988, the applicant's commander counseled her regarding the findings of the mental status evaluation.  The applicant was advised the commander fully concurred with the findings of the division psychiatrist and he intended to recommend that she be separated from the Army under the provisions of paragraph 5-13 of Army Regulation 635-200.  The applicant was also advised she would receive an honorable discharge.
5.  On 17 October 1988, the commander advised the applicant that he was recommending that she receive an honorable discharge, she was advised of her right to consult with counsel, submit statements in her own behalf, and of her right to obtain copies of documents that would be sent to the separation authority supporting the proposed separation action.  She was also advised she could waive any of these rights.

6.  On 19 October 1988, the applicant was advised by consulting counsel of the basis for the contemplated action to separate her under the provisions of paragraph 5-13 of Army Regulation 635-200, its effects, of the rights available to her, and of the effect of any action taken by her in waiving her rights.  The applicant stated that she did not desire to submit any statements in her own behalf and acknowledges that she understood she would be ineligible to apply for enlistment in the Army for 2 years after discharge.

7.  The applicant's commander recommended she be separated from the Army under the provisions of paragraph 5-13 of Army Regulation 635-200 for personality disorder and the issuance of an honorable discharge.

8.  The appropriate authority approved the recommendation for discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 and directed the applicant be given an honorable discharge.  The approval endorsement contains the annotation "SM will be transferred to the IRR in accordance with paragraph
1-36a(8), Army Regulation 635-200."

9.  On 17 November 1988, the applicant was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 due to a personality disorder.  She was assigned an RE code of 4 and a separation code of JFX (personality disorder).  She had completed 1 year, 4 months, and 3 days of active service that was characterized as honorable.  Her DD Form 214 shows she was discharged and not transferred to the IRR. 

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty.  This condition is a deeply-ingrained maladaptive pattern of behavior of long duration that interferes with 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 is privileged to conduct mental health evaluations for the Department of Defense components.  Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired.

11.  Army Regulation 635-200 paragraph 1-36a(8) refers to paragraph 5-15 of the same regulation which provides for separation of Soldiers who fail to meet Army weight control standards set forth in Army Regulation 600-9 (The Army Weight Control Program).
  
12.  Army Regulation 635-5-1 (Separation Program Designators (SPD)) prescribes the specific authorities (regulatory, statutory or other directives), the reasons for separating Soldiers from active military service, and the SPD codes to be entered on the DD Form 214.  The SPD code of JFX is the appropriate code to assign to Soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder.

13.  Pertinent Army regulations provide 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.  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 U.S. Army Reserve.  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.

	a.  RE-2 applied to Soldiers separated prior to the effective date of the current version of this regulation and will not be used.  At the time it was used a Soldier was qualified for enlistment, provided reason and authority did not preclude enlistment or require a waiver.  Applicant could not enlist until 93 days after separation if otherwise qualified.

   b.  RE-3 applies to persons completing their terms of service that are not considered fully qualified for reentry or continuous service at the time of separation but the disqualification is waivable.

	c.  RE-4 applies to persons separated from last period of Service with a nonwaivable disqualification. 

14.  The SPD/RE Code Cross Reference Table was not in effect at the time of her discharge.  However, the table in effect in October 1989 states when the separation code is JFX then RE code 3 will be given.



DISCUSSION AND CONCLUSIONS:

1.  She contends the statement "SM will be transferred to IRR in accordance with paragraph 1-36a(8), Army Regulation 635-200" on the commander's endorsement indicated he believed she had potential for further military service.  However, given that paragraph 1-36a (8) refers to separation for failure to meet the standards of the Army weight control program and not the reason she was separated it is obvious this statement was a typographical error.  Therefore, her commander was not directing that she be transferred to the IRR or inferring that she had potential for further military service.

2.  Contrary to the applicant's contentions that she was not evaluated by a psychiatrist or clinical psychologist her records show she was examined by a psychiatrist who made a valid determination that she had a personality disorder.

3.  Based on the division psychiatrist's strong recommendation that the applicant be administratively separated in accordance with Army Regulation 635-200, paragraph 5-13 it is reasonable to presume the applicant's personality disorder was so severe that her ability to perform in a military environment was "significantly impaired."

4.  The applicant was discharged by reason of a personality disorder and her DD Form 214 reflects she was assigned an RE Code of 4.  There is no evidence her RE Code was incorrect at the time of discharge.  However, regulatory policy in effect since October 1989 shows her reason for separation was a waivable disqualification and in accordance with the SPD/RE Code Cross Reference Table she would be assigned an RE Code of 3.  There is an insufficient basis to change her RE Code to RE-2.  However, based on the aforementioned information, it would be appropriate to change her RE Code to 3. 

5.  The disqualification upon which the RE Code of 3 was based may be waived for enlistment purposes.  The applicant is advised that if she desires to enlist following the recommended change of her RE Code she should contact a local recruiter who can best advise her of her eligibility for returning to military service.  These individuals can best advise a former service member as to the needs of the service at the time, and may process enlistment waivers for the applicant’s RE code.

6.  In view of the foregoing, it would be in the interest of equity to change her records as shown below. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  _____x__  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 27 (Reenlistment Code) of her DD Form 214 and adding "RE-3."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing her RE code to
"RE-2."



      ____________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)                                         AR20110008175



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ABCMR Record of Proceedings (cont)                                         AR20110008175



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