IN THE CASE OF:	  

		BOARD DATE:	      15 March 2012

		DOCKET NUMBER:  AR20110017229 


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 reenlistment eligibility (RE) code be changed.

2.  The applicant states he was told that he wasn't going to have to repay his reenlistment bonus but some change now requires him to do so.  He believes the RE code of "3" is unjust because he was discharged as having a personality disorder but now carries a diagnosis of a post traumatic stress disorder at a 100 percent level.

3.  The applicant provides no supporting documentation.

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 15 November 2001, completed training, and was awarded the military occupational specialty 14S (Avenger Crewmember) with retraining as a 31B (Military Police) in August 2005.

3.  A 2 December 2005 DA Form 3822-R (Report of Mental Status Evaluation) showed the Soldier was seen and provided a mental health evaluation due to a second suicide gesture.  The first attempt, in 2002, was by use of a firearm and this second by medication overdose.  The applicant stated he was depressed due to holidays and that he was suffering from homesickness.  He was diagnosed with both an adjustment disorder with depressed mood and a personality disorder.  It was the examiner’s opinion that the Solider was not mentally stable enough to serve as a military policeman and should be considered for reclassification or Chapter 5 discharge.  The applicant was considered to be fully responsible for his behavior and understands the consequences of his behavior.  He was fit for any legal, administrative, or assignment deemed appropriate by his chain of command but not to carry a firearm unsupervised.

4.  A second Mental Status Evaluation shows the applicant refused treatment and medication for his problems.  His personality disorder was considered non-treatable condition and he had a history of problems related to this condition for the past 8 years.  It was opined that the Soldier was unlikely to be able to perform adequately and would become a command liability.  The attending physician recommended administrative separation under Chapter 5-17.

5.  On 6 January 2006 his command initiated separation action under Army Regulation 635-200, paragraph 5-13 for a personality disorder.

6.  On 19 January 2006 the applicant, after consulting with counsel, acknowledged the separation action and waived his rights to an administrative separation board and to submit a statement on his own behalf. 

7.  The discharge authority approved the separation action and directed the applicant's service be characterized as honorable.

8.  On 10 February 2006, the applicant was honorably discharged under Army Regulation 635-200, paragraph 5-13 with a separation program designator (SPD) of JFX (Personality Disorder) and an RE code of 3.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment/reenlistment and processing of persons into the Regular Army (RA), U.S. Army Reserve (USAR), and the Army National Guard.  It provides the following:

	a.  RE codes may be changed only if they are determined to be administratively incorrect;

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

	c.  an RE-3 applies to Soldiers who are considered not fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable; and

	d.  the SPD/RE Code Cross-Reference Table indicates an SPD of JFX carries an RE code of 3.  

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code of JFX is the appropriate code to assign to Soldiers separated for personality disorders.  

11.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 states 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.  While on active duty the applicant was diagnosed as having both an adjustment disorder (with depressed mood) and a personality disorder.  He has provided no documentation that these diagnoses were incorrect, that he is currently diagnosed as suffering from PTSD or that condition is related to his period of service.

2.  A separation under Army Regulation 635-200, paragraph 5-13 carries an SPD of JFX which mandates an RE-3.

3.  The record does not contain and the applicant has not provided any documentation that he was misdiagnosed or that he received an inappropriate RE code. 
4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20110017229



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ABCMR Record of Proceedings (cont)                                         AR20110017229



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