IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110014895 


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 reconsideration of his previous application for correction of the reentry (RE) code and narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states:

* he has new evidence that the medical reason for his discharge was a misdiagnosis
* the head of psychology at a Department of Veterans Affairs (VA) hospital has determined there is no evidence he suffers from a personality disorder
* he was screened for post-traumatic stress disorder (PTSD) and found to be free of that condition
* the head of psychology believes he suffered from "acute stress reaction" at the time of his discharge
* he graduated Magna Cum Laude from a university in only 3 years which he believes demonstrates his work ethic, intelligence and mental fitness
* his performance evaluations in his job as a security officer show he received high marks, either meeting or exceeding his employer's standards during his 4 years in the position
* he has been seeking reenlistment in the U.S. military, but his RE code has prevented him from doing so


* he would need a waiver to reenlist, and the military has not been granting waivers for prior service members
*  the stigma of his diagnosis may be affecting his ability to find employment with national and state governments and law enforcement agencies  
* he believes changing the reason for his discharge and his RE code to "1" or "2" would more accurately reflect the circumstances of his discharge

3.  He provides:

* the Record of Proceedings for Army Board for Correction of Military Records (ABCMR) Docket Number AR20100021635
* his DD Form 214
* a university transcript
* Progress Notes prepared by a VA Medical Center (VAMC)
* two performance evaluations

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100021635, on 14 April 2011.

2.  The applicant has submitted a new argument, and he provides evidence which was not previously considered by the Board.  The new argument and evidence warrant consideration at this time.

3.  The applicant enlisted in the Regular Army (RA) on 6 November 2003.  After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman). 

4.  On 14 June 2006, he was counseled for failing to be at his appointed place of duty at the prescribed time.

5.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 19 June 2006, shows he was reevaluated at the Behavioral Health Clinic, Madigan Army Medical Center, Fort Lewis, WA, on 6 June 2006, after a psychiatric admission in early February 2006 and an initial emergency room referral on 28 February 2006.  He was evaluated for concerns about continued maladaptive thoughts and behaviors and suitability for continued military service.  


	a.  The evaluation revealed he was not suitable for continued service due to ongoing emotional disturbance with underlying maladaptive personality traits and associated maladaptive thoughts and behavior.  

	b.  The examining psychologist stated it was likely that his current level of increased emotional distress was primarily arising from maladaptive coping and personality traits suggestive of personality disorder, with some residual effects of a recent combat deployment as a secondary factor.  The examining psychologist stated the traits identified likely developed during childhood and usually indicate that such individuals will continue to have difficulty managing stressful events unless they learn and implement new, more constructive coping skills.  

	c.  The examination found his emotional instability and personality disturbance was at a level that was impairing his occupational functioning capacity, would not likely change significantly as long as he was in the military, and was likely to worsen on a future deployment.  

	d.  The examining psychologist found his condition did not rise to the level of a Medical Board and recommended his separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5-13.

	e.  The applicant reported passive suicidal ideation and denied homicidal ideation.  He was considered a low risk at the time; however, some precautions were recommended.

	f.  The examining psychologist stated the noted emotional and personality disturbance would not likely respond to command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification) or to any treatment methods the available in the military mental health system.  For those reasons, the examining psychologist recommended the chain of command immediately begin the administrative process for separation under the provisions of Army Regulation 635-200, chapter 5-13.

	g.  The examining psychologist provided a diagnostic impression of:

* Axis I:  adjustment disorder with mixed emotional features
* Axis II:  personality disorder not otherwise specified

6.  On 8 August 2006, he acknowledged notification that his commander was initiating action to separate him for a personality disorder under the provisions of 


Army Regulation 635-200, paragraph 5-13, based on his diagnosis of an adjustment disorder with mixed emotional features and a personality disorder not otherwise specified.

7.  On 9 August 2006, consulting counsel advised him of the basis for his contemplated separation and its effects, the rights available to him, and the effect of a waiver of his rights.  He elected not to submit statements in his own behalf and that he would be ineligible to apply for enlistment in the Army for a period of 2 years after discharge.

8.  On 29 September 2006, the separation authority directed he be separated from the Army under the provisions of Army Regulation 635-200, paragraph 5-13, and that his service be characterized as honorable.  On 19 October 2006, he was discharged accordingly.  

9.  His DD Form 214 shows in:

* item 25 (Separation Authority) - "[Army Regulation] 635-200, [paragraph] 5-13"
* item 26 (Separation Code) - "JFX"
* item 27 (RE Code) - "3"
* item 28 (Narrative Reason for Separation) - "Personality Disorder"

10.  He provides a university transcript showing he was awarded a Bachelor of Science degree with honors (Magna Cum Laude) on 23 April 2010.

11.  He provides VAMC Progress Notes showing he was referred for a psychodiagnostic evaluation to reevaluate the diagnosis of personality disorder he received prior to his discharge, and he was examined on 8 April 2011.  The "conclusions/recommendations" section shows the psychology intern and staff psychologist who conducted the examination did not see evidence of a pervasive personality disorder that met a diagnostic level based on review of previous medical records, the interview with the applicant, and test results.  They stated his "prior symptom pattern is more consistent with a self-distancing, passive, and avoidant style of dealing with interpersonal conflict and unpleasant emotion."  They recommended he be evaluated for PTSD.  On 23 May 2011 he screened negative for PTSD symptoms.

12.  He provides performance evaluations given by his civilian employer for the periods January 2008 to March 2009 and April to December 2010.  The performance evaluations show he met or exceeded his employer's expectations in all areas.


13.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13, in effect at the time, provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  

14.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  It indicates that a separation under the provisions of Army Regulation 635-200, paragraph 5-13, mandates an SPD of "JFX."

15.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  This cross reference table, dated 15 June 2006, shows the SPD code and corresponding RE code.  The SPD code of "JFX" has a corresponding RE code
of 3.

16.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the RA, U.S. Army Reserve, and the Army National Guard.  Table 3-1 includes a list of RA RE codes:

	a.  RE-1 applies to Soldiers completing their term 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 disqualification is waivable.  They are ineligible unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's separation action was accomplished in compliance with applicable regulations and there is no evidence of procedural errors that would have jeopardized his rights.  His discharge proceedings were conducted in accordance with law and regulations applicable at the time.


2.  His narrative reason for separation was assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, paragraph    5-13, for a personality disorder.  Absent this condition, there was no fundamental reason to process him for a discharge.  The only valid narrative reason for separation permitted under this paragraph and corresponding SPD code "JFX" is "Personality Disorder."  The SPD code also requires RE code "3."  Therefore, he received the appropriate narrative reason for separation and RE code.

3.  He provides documentation showing a VA psychologist has questioned the diagnosis that led to his discharge; however, this does not invalidate the earlier diagnosis.  The VA examination was based on a review of medical records, an interview with him, and tests conducted after nearly 5 years of civilian life subsequent to his discharge.  While the VA psychologist had the advantage of hindsight, the VA psychologist also had the handicap of not being able to observe the applicant's behavior while he was under the stressors associated with being an Army infantryman.

4.  His academic performance is noteworthy, and he has performed well in civilian employment subsequent to his discharge.  Neither of these, however, is evidence of error in the diagnosis and subsequent administrative proceedings that led to his discharge.  

5.  As he notes, his RE code allows him to reenter military service with a waiver.  Waivers are granted based on the needs of the Army, and obtaining one can be difficult.  Regardless of that fact, a desire to reenter military service is not sufficient reason for changing a correct RE code.  

6.  In view of the foregoing, there is no basis for granting relief in this case.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100021635, dated 14 April 2011.



      __________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)                                         AR20110014895



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ABCMR Record of Proceedings (cont)                                         AR20110014895



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