IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110016414 


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 correction of his reentry eligibility (RE) code from "3" to "1."

2.  The applicant states that at the time of his discharge he was diagnosed as having a personality disorder and over the past few years he had a series of psychological evaluations clearing him of said diagnosis.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a psychological evaluation, dated 15 May 2011; and his administrative discharge proceedings.

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 on 19 September 2003 for a period of 4 years, training as an infantryman, and a cash enlistment bonus.  He completed one-station unit training and airborne training at Fort Benning, Georgia, and was assigned to the Ranger Indoctrination Detachment at Fort Benning for further training.

3.  On 22 April 2004 after multiple outpatient evaluations, a mental status evaluation was completed indicating the applicant should be discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for a diagnosed personality disorder.

4.  On 6 May 2004 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 his diagnosis as having a personality disorder.

5.  After consulting with defense counsel, the applicant elected not to submit a statement in his own behalf.

6.  Accordingly, he was honorably discharged on 21 May 2004 due to a personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13.  He completed 8 months and 6 days of active service and was issued a separation program designator (SPD) code of "JFX."

7.  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.

8.  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 Army National Guard.  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.

9.  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 his rights.

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

3.  Although the applicant provides documentation showing he is not currently diagnosed as having a personality disorder, the evidence submitted with his application and the evidence of record fail to show 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.

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)                                         AR20110016414



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ABCMR Record of Proceedings (cont)                                         AR20110016414



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