IN THE CASE OF:	  

		BOARD DATE:  12 January 2012

		DOCKET NUMBER:  AR20110012422 


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 his reentry eligibility (RE) code of 3 be changed to 1.

2.  The applicant states he received an RE code of 3 when he was diagnosed with schizoid personality disorder.  Since leaving the military he has worked hard to correct his past deficiency.  He found a positive outlet for stress as well in long distance running and triathlons.  Since leaving the service he has matured as a person.  He stayed active by doing collegiate level triathlon and running events to stay in shape.  He stayed mentally sharp with the continuation of his education through the GI Bill.  His strong character has been developed over the past 
2 years and can be seen in his reference letters that vouch for his change in character from one of schizoid personality disorder to a productive group member.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* three personal references

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army (RA) on 4 January 2006 for a period of 
4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 94A (Land Combat Electronic Missile System Repairer).

2.  He served in Iraq from 9 April to 9 July 2008.

3.  On 3 June 2008, the applicant received a mental status evaluation by a captain of the Medical Service Corps, a clinical psychologist, and which was approved by a colonel of the Medical Corps at the 528th Combat Stress Control in Iraq.  The examiner found that the applicant met the physical retention standards prescribed in Army Regulation 40-501 (Standards of Medical Fitness).  

	a.  His records provided an extensive history of previous treatment before joining the military.  The evaluations were significant for a long history of detachment from social relationships, previous inpatient treatment for diagnosed depression, and past and current self-injurious behavior.  His chronic pattern of harming himself, regardless of denied suicidal intent, coupled with his inability to see any dysfunction in the behavior, as well as previous extensive and unsuccessful previous mental health treatment made him unlikely to succeed in the military.

	b.  The examiner found the applicant was currently considered an imminent risk to harm himself by continuing to cut himself, but continued to adamantly deny suicidal intent in his self-harm.  It would be difficult, while he remains in this environment, in Iraq, to ever say with certainty that he was not at an increased risk to harm himself, either intentionally or unintentionally.  The examiner recommended he be maintained on a weapons restriction to maintain his safety.  These recommendations were made to the Command in order to keep the applicant safe from harming anyone.

	c.  The examiner further determined that the applicant was mentally responsible, able to distinguish right from wrong, able to adhere to the right, and had the mental capacity to understand and participate in proceedings.

4.  On 13 June 2008, the applicant's commander notified him that he was initiating action to discharge him under the provisions of paragraph 5-13 (Separation because of personality disorder) of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) based on the applicant's diagnosis of a schizoid personality disorder.  The commander further notified the applicant that he was recommending his period of service be characterized as honorable.

5.  The commander advised the applicant of his right to:

* consult with  counsel
* submit statements in his own behalf
* obtain copies of documents that would be sent to the separation authority supporting the proposed separation 
* a hearing before an administrative board if he had 6 or more years of active and reserve military service at the time of separation
* waive any or all of these rights in writing and that failure to respond  within 7 days will constitute a waiver of his rights
* to withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge 

6.  On 16 June 2008, the applicant submitted a statement wherein he:

* acknowledged that he had been advised by counsel of the basis for the contemplated action to discharge him under the provisions of paragraph 
5-13 of Army Regulation 635-200 for a personality disorder
* acknowledged he was not entitled to consideration by an administrative separation board
* stated that he was not submitting statements in his own behalf
* acknowledged that he would be ineligible to apply for enlistment in the Army for 2 years after discharge

7.  On 16 June 2008, his commander recommended him for discharge due to his being diagnosed with a schizoid personality disorder and that his service be characterized as honorable.  

8.  On 20 June 2008, the appropriate authority approved the recommendation for discharge due to personality disorder and directed the applicant's service be characterized as honorable.

9.  On 8 August 2008, he was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  He had completed 2 years, 7 months, and 5 days active service that was characterized as honorable.  He was assigned an RE code of 3.

10.  He submitted a personal reference, dated 14 June 2010, from the Cross Functional Team Leader, Department of Accountancy, Northern Illinois University, DeKalb, IL.

	a.  The applicant was enrolled in the Cross Functional Business Core-Applications Seminar that teaches the application of cross-functional concepts among the fundamental principles of business through the use of interdisciplinary exercises and various skill-building activities.

	b.  He had high expectations for himself and his teammates and he worked very hard to excel at everything he did.

	c.  He was an effective communicator, very detail-oriented, and inquisitive.  He was always respectful and focused regardless of whether feedback was positive or negative.  

	d.  He was a strong team player and worked well with others.  He demonstrated leadership by keeping the team on track, but he was not overbearing so as to overshadow other members' contributions.  The impact of his strong work ethic and leadership within the team was reflected in results achieved on both team and individual assignments.

11.  He submitted a personal reference, dated 21 June 2010, from an assistant professor, Northern Illinois University.  

	a.  The applicant was enrolled in Current Economic Issues: Topics in Modern Economics.  He displayed a genuine interest in economics and contributed frequently in classroom discussions.

	b.  He wrote a 21-page research paper on the Future Value of Bond Options that showed he had the ability to synthesize and organize advance concepts in a way that was accessible to all.

	c.  He impressed the assistant professor as being extremely intelligent and able to quickly learn new ideas.

12.  He submitted a personal reference, dated 27 June 2010, from the Chief Financial Officer/Executive Vice President, Luse Holding Inc., Aurora, IL.

	a.  The applicant has a competitive spirit that helps him achieve his personal goals both academically and athletically.  He displays leadership capabilities and qualities when the situation requires it of him.

	b.  He possesses good communication skills, both written and verbal.  His above average intelligence enables him to learn job skills with ease.

13.  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 Soldier's ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action and requires that the diagnosis conclude the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired.

14.  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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  

	a.  Chapter 3 regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces RE codes, including RA RE codes.  

		(1)  RE code 1 applies to persons completing their term of active service who are considered qualified to reenter the U.S. Army.

		(2)  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waiverable. 

	b.  Paragraph 4-24 lists nonwaivable medical, moral, and administrative disqualifications.  A discharge by reason of personality disorder is not listed in this paragraph.

DISCUSSION AND CONCLUSIONS:

1.  The provisions of Army Regulation 635-200 provide the administrative channel through which those individuals who are diagnosed with a personality disorder are discharged from the Army.

2.  The type of discharge directed and the reason for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would tend to jeopardize his rights.

3.  He did not complete his term of active service and he was not qualified for reentry in the U.S. Army at the time of his discharge.  Therefore, he is not qualified for the RE code of 1.  The reason for his discharge was disqualifying for continued Army service on the date of his discharge; however, the reason was waivable.  Therefore, the assignment of an RE code of 3 was correct.  

4.  The comments in his personal references were noted.  His accomplishments, both academic and athletic, since leaving the service are noteworthy.  However, this does not change the facts in place at the time of his discharge.  

5.  It has been over 2 years since his discharge.  The applicant is advised that although his RE code 3 was properly assigned, this does not mean that he is totally disqualified from returning to military service.  The disqualification upon which the RE code 3 was based may be waived for enlistment purposes.  If he desires to enlist, he should contact a local recruiter who can best advise him on his 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 his RE code.

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)                                         AR20110012422





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ABCMR Record of Proceedings (cont)                                         AR20110012422



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