IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013564 


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 the narrative reason for his separation and reentry eligibility (RE) code be changed to a more favorable reason and code that will allow him to reenter the service.

2.  The applicant states, in effect, that his reason for separation and RE code are no longer appropriate because he has been seen by a civilian psychologist and cleared for military service; however, the military is not issuing waivers for RE codes and he wishes to enlist again.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a one-page letter explaining his application, and a letter from a clinical psychologist clearing him for military service.

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 was born on 25 September 1984 and enlisted in the Oregon Army National Guard (ARNG) on 28 May 2002 for a period of 8 years.  On 1 October 2003, he was discharged from the Oregon ARNG due to failure to meet procurement medical standards prior to entry on initial active duty training.  His service was uncharacterized and he was issued an RE code of "3."

3.  On 7 July 2004, he enlisted in the Regular Army with waivers for medical reasons and his RE code.  He enlisted for a period of 3 years and 16 weeks and training as an infantryman.  He completed one-station unit training at Fort Benning, Georgia, and was transferred to Fort Hood, Texas, for his first and only duty assignment.

4.  On 15 December 2004, the applicant was command-referred for a mental status evaluation and was diagnosed by a clinical psychologist as having a personality disorder manifested by dysthymia and schizoid personality disorder.  She opined that he was not amenable to military service and recommended his administrative discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel, paragraph 5-13.  Additionally, he was not to have access to or handle weapons.

5.  On 18 January 2005, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.

6.  On 19 January 2005 after consulting with defense counsel, the applicant submitted a request for a conditional waiver in which he agreed to waive his rights in return for a discharge no less than honorable.  He also elected not to submit a statement in his own behalf.

7.  The appropriate authority approved his request and directed issuance of an Honorable Discharge Certificate.

8.  Accordingly, he was honorably discharged on 2 March 2005 under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  He was issued a separation program designator (SPD) code of "JFX" indicating personality disorder and a RE code of "3."  He completed 7 months and 26 days of active service.

9.  Army Regulation 635-200, paragraph 5-13, provides the criteria for discharge because of a personality disorder.  It states a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  The diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of a 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.

10.  Pertinent Army regulations provide that individuals will be assigned RE codes prior to discharge or release from active duty 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 processing into the Regular Army, U.S. Army Reserve, and ARNG.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

	a.  RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.  A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.

11.  The SPD/RE Code Cross Reference Table states when the SPD code is “JFX” then RE code “3” will be given.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available evidence, it appears the applicant was properly discharged in accordance with the applicable laws and regulations with no indication of any violations of any of his rights.

2.  Accordingly, he was properly assigned a narrative reason for separation and RE code based on the authority for his discharge.

3.  The applicant failed to show through the evidence submitted with his application and the evidence of record that he was not properly diagnosed at the time or that his discharge was not conducted in accordance with the applicable laws and regulations in effect.  Accordingly, there appears to be no basis to grant the applicant's request.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are required to process RE code waivers.  However, it would not be appropriate for this Board to arbitrarily determine the applicant is fully eligible 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 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)                                         AR20110013564



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ABCMR Record of Proceedings (cont)                                         AR20110013564



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