IN THE CASE OF:	  

		BOARD DATE:	    29 March 2012

		DOCKET NUMBER:  AR20110018335 


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 her narrative reason for separation and reentry (RE) code be changed.

2.  The applicant states:

* She inquired about the separation code and reason, which now has her character and mental state in question, and she was told that it didn't mean anything
* She was told this would not have any derogatory effect on her opportunity to reenlist in the future
* She had no personality disorder during her enlistment or at the time of discharge
* It has been 20 years since she was discharged and she has worked hard and accomplished many things since that time
* She has lived her life helping and giving to others
* This code causes people to judge her without knowing her 

3.  The applicant provides:

* Correspondence from a Senator's office and a member of the House of Representatives
* Honorable Discharge Certificate
* Service personnel records
* Psychological evaluation
* Various forms of identification 
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 (RA) on 5 September 1990 for a period of 5 years.  She completed basic training.  She was academically recycled in advanced individual training in February 1991 and she was academically relieved from the course in April 1991.

3.  She was diagnosed with a personality disorder with passive aggressive features on 13 June 1991 by a psychiatrist (colonel, Medical Corps).     

4.  Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for a personality disorder were initiated on 25 June 1991.  The applicant consulted with counsel, waived her rights, and elected not to submit a statement in her own behalf.  On 15 July 1991, the separation authority approved the recommendation and directed that the applicant be furnished an honorable discharge.

5.  On 25 July 1991, she was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.

6.  Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, para [paragraph] 5-13."  Item 
26 (Separation Code) shows the entry "JFX."  Item 27 (Reentry Code) shows the entry "RE-3."  Item 28 (Narrative Reason for Separation) shows the entry "Personality Disorder."

7.  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 a personality disorder, not amounting to a disability under Army Regulation 
635-40 (Physical Evaluation for Retention, Retirement, or Separation), 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 Soldier's ability to perform duty.  The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.

8.  Army Regulation 635-5-1 (Separation Program Designator (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 states the reason for discharge based on SPD code JFX is personality disorder and the regulatory authority is Army Regulation 635-200, paragraph 5-13.

9.  Pertinent Army regulations provide 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 processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.

* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated

10.  The SPD/RE Code Cross Reference Table, dated 2 October 1989, shows that Soldiers given an SPD code JFX will be given an RE code 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she did not have a personality disorder during her enlistment or at the time of discharge.  However, medical evidence confirms she was diagnosed with a personality disorder with passive aggressive features in June 1991 by competent military medical authorities at the time of discharge.  

2.  She contends that she was discharged 20 years ago.  However, the passage of time is normally not a basis for changing a narrative reason for separation or an RE code.



3.  The narrative reason for separation and RE code used in the applicant's case are correct and were applied in accordance with the applicable regulations.  Therefore, there is no basis for granting her request to change her narrative reason for separation or RE code.

4.  Her current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver through local recruitment personnel.

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)                                         AR20110018335



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ABCMR Record of Proceedings (cont)                                         AR20110018335



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