BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110010109 


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 separation code of JFX (personality disorder) and his reentry (RE) code be changed to enable him the option of reenlistment.

2.  He states that as his medical records indicate he was never examined by any medical official authorized to diagnose him with a personality disorder.  He states he has since sought two separate evaluations from medical professionals at his own expense and has been deemed not to have a personality disorder.  He states that at the age of 19 he was focused on receiving an honorable discharge and was unaware and uninformed regarding the impact of a JFX (personality disorder) separation code and a RE-3 code.  He adds that he believes his letter of recommendation and educational accomplishments speak to his ability and mental stability.

   a.  He adds that he has received a federal top secret security clearance.
   
   b.  He states that he regrets leaving his unit and the Army after such a short time.  He states he was immature, fell in with a bad crowd, and began to treat his frustrations with alcohol and drugs.

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a personal statement, two physicians' letters, a University of Pittsburgh transcript, a letter of recommendation, and approximately 35 pages of medical and dental related documents. 


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 22 November 1994.  He completed training and was awarded military occupational specialty 19K (Armor Crewman).

3.  His records do not contain his discharge packet.  However, his DD Form 214 shows on 19 September 1995, the applicant was discharged, with an honorable characterization of service, in pay grade E-2, under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.  He was given an RE code of 3 and a separation code of JFX (involuntary discharge under the provisions of Army Regulation 635-200, paragraph 5-13).

4.  The applicant provided approximately 35 pages of medical and dental related documents.  None of these documents appeared to be related to his discharge. 

5.  He provided a letter from a psychologist, dated 4 October 2010, indicating he treated the applicant for major depression, recurrent, mild severity and panic disorder, without agoraphobia.  He indicated he did not see evidence of a personality disorder.

6.  He provided a letter from a doctor, dated 29 September 2010, which indicated the applicant had been a psychiatric patient of his for the past 2 years.  He stated he had treated the applicant for panic disorder and generalized anxiety disorder.  He stated the applicant's condition was in full remission with the help of anti-anxiety medications.  He stated that it was his professional and clinical opinion that the applicant did not suffer from any Axis II personality disorder.  He added that the applicant's anxiety had been successfully treated and there was no evidence of any personality disorder.


7.  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.  

8.  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.

9.  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

10.  The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross Reference Table states that when the separation code is JFX then RE code 3 will be given.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  He provided letters from two medical doctors indicating they saw no evidence of a personality disorder.

2.  His discharge packet and any related medical documents are not available to the Board for review.  However, it must be presumed that at the time the applicant was properly processed for discharge due to a properly-diagnosed personality disorder.  The fact that civilian physicians state there is no evidence of a personality disorder 15 years after the applicant's discharge does not show the Army's diagnosis was an error.  As such, there is no evidence of an error in assignment of his reason for separation and, therefore, no basis for changing his reason for separation.

3.  His education and other post-service accomplishments are commendable.  However, these are not a basis for changing a properly assigned reason for separation and RE code. 

4.  In view of the fact that the applicant was involuntarily discharged under the provisions of Army Regulation 635-200, paragraph 5-13, the assigned RE code of 3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waivable.

5.  Since enlistment criteria change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.  However, it is noted that the applicant is currently on medication.  This Board will not substitute its judgment for that of the appropriate recruiting officials who may determine that he is not medically fit for enlistment.

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)                                         AR20110010109



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ABCMR Record of Proceedings (cont)                                         AR20110010109



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