IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110017832 


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 be changed from 
RE-3 to RE-1.  

2.  He states he has evidence which proves the conditions stated in his medical file, in regard to his continuance on active duty, are inaccurate. 

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a letter from a physician.  

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 12 July 2000 for a period of four years.
3.  On 15 May 2001, he underwent a separation physical examination and he was found qualified for separation.  Block 43 (Summary of Defects and Diagnoses) of his Standard Form 88 (Report of Medical Examination) lists his diagnoses as Personality Disorder (not otherwise specified (NOS)) (borderline and narcissistic traits prominent); Adjustment Disorder with Mixed Anxiety and Depressed Mood with Suicidal Ideation, and Pes Planus – Asymptomatic.  

4.  On 16 May 2001, the applicant underwent a psychiatric examination and was diagnosed as having Adjustment Disorder with Mixed Anxiety and Depressed Mood, Depressive Disorder (NOS) (Existed Prior to Service (EPTS)), Occupational Problem, Stuttering, Personality Disorder (NOS) (Borderline, Dependent and Narcissistic Traits Prominent), and Pes Planus.  He was psychiatrically cleared for any administrative action deemed appropriate by command.  

5.  On 29 June 2001, the company commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13 by reason of personality disorder.  He was advised of his rights.  The applicant waived counsel and he didn’t submit statements in his own behalf.  

6.  On 2 July 2001, the separation authority waived rehabilitation requirements and directed that the applicant be discharged from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13 with an honorable discharge.  

7.  He was honorably discharged on 21 July 2001 by reason of personality disorder.  At the time of his discharge, he had completed 1 year and 10 days of active military service.  

8.  His DD Form 214 shows he was given an RE code of RE-3 and a Separation Program Designator (SPD) code of “JFX” (Personality Disorder).  

9.  He provided a letter, dated 29 September 2010, from a civilian psychologist (Ph.D.) who examined the applicant for the purpose of reenlistment in the Army.  The physician outlined the applicant’s personal and military history and stated the applicant’s review failed to uncover evidence of significant mental illness or impairment.  After the examination, the physician found the applicant(‘s):

* had no sign or symptom of mental disorder
* had no history or evidence of drug or alcohol abuse
* speech was logical, coherent, and goal-directed
* thought process was clear, cogent, and intact
* no tics, tremors, or unusual mannerisms 
* review failed to uncover evidence of significant mental illness or impairment

10.  The physician stated the immaturity that caused the applicant’s discharge from the Army had resolved and there was no psychiatric contraindication to his reenlistment.

11.  On 29 September 2011, the Army Discharge Review Board denied the applicant’s request for a change in the character and reason of his discharge.  

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

13.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation shows that the SPD code “JFX” as shown on the applicant’s DD Form 214 specifies the narrative reason for separation as involuntary discharge for “Personality Disorder” and that the authority for separation under this separation program designator is “AR 635-200, Paragraph 5-13.”  Additionally, the SPD/RE Code Cross Reference Table, Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to Soldiers separated for this reason.

14.  Army Regulation 635-200 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes:

* RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army and they are qualified for enlistment if all other criteria are met
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable and they are ineligible unless a waiver is granted

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged from active duty on 21 July 2001 under the provisions of Army Regulation 635-200, paragraph 5-13 based on personality disorder.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that the diagnosis of a personality disorder was inaccurate or unjust at the time of his discharge.  

3.  His service record shows he underwent a psychiatric evaluation in May 2001 by competent medical authority and was diagnosed with Adjustment Disorder and Depressed Mood Depressive Disorder, Depressive Disorder (NOS), (EPTS), Occupational Problem, Stuttering, Personality Disorder (NOS) (Borderline, Dependent and Narcissistic Traits Prominent), and pes planus.  

4.  The letter, dated 29 September 2010, from a civilian physician is noted.  However, the applicant’s evaluation was performed subsequent to his service on active duty.  

5.  The evidence of record shows he was separated with a separation code of "JFX" and he was assigned an RE code of 3 in accordance with the governing regulation.

6.  The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed.  His narrative reason for separation was based on his personality disorder and he has not established a basis for changing his reason for discharge.  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 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)                                         AR20110017832





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ABCMR Record of Proceedings (cont)                                         AR20110017832



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