IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110022641 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 1980 as follows:

* Separation authority
* Separation program designator (SPD) code
* Reenlistment (RE) code
* Narrative reason for separation

2.  He states he was separated for unsuitable-personality disorder, but his record shows he received an outstanding award for being an outstanding Soldier.  He adds that he wants to reenter the military as an officer and go to West Point. 

3.  He provides his DD Form 214.

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’s military records are not available to the ABCMR for review.  An exhaustive search was undertaken to locate his military records which are necessary for the processing of his application.  Unfortunately, his records could not be located.  However, based on copies of his DD Forms 214, the ABCMR was able to conduct a fair and impartial review of his request. 

3.  The available evidence shows the applicant served in the U.S. Navy from 
1 July 1976 to 27 April 1977.  He was issued a general discharge due to unsuitability-character and behavior disorders.  He completed 9 months and 
27 days of active service.

4.  On 23 August 1978, he reentered the U.S. Navy and completed 1 month and 21 days of active service, on 13 October 1978, he was issued a general discharge due to fraudulent entry.

5.  On 8 April 1980, he enlisted in the Regular Army (RA).  The facts and circumstances pertaining to his discharge proceedings under the provisions of chapter 13, Army Regulation 635-200 (Personnel Separations), by reason of unsuitable-personality disorders, are not contained in his available military records.

6.  However, his records contain a duly-constituted DD Form 214 that shows on 19 August 1980, he was honorably discharged.  It also shows the following:

* Item 12c (Net Active Service This Period) 4 months and 12 days
* Item 25 (Separation Authority), Army Regulation 635-200, paragraph 
13-4b
* Item 26 (SPD) "JMB"
* Item 27 (RE Code) "3"
* Item 28 (Narrative Reason for Separation) "Unsuitable - Personality Disorders"

7.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Paragraph 13-4 of the regulation provides for separation due to unsuitability for personality disorder as determined by medical authority.  The diagnosis must be established by a physician trained in psychiatry and psychiatric diagnosis and described in the Diagnostic and Statistical Manual (DSM II) of Mental Disorders.  This condition is a deeply ingrained, maladaptive pattern of behavior of long duration which interferes with the member's ability to perform duty.  Service of Soldiers separated because of unsuitability under this regulation will be characterized as honorable or under honorable conditions.

8.  Army Regulation 635-5-1 (Separation Program Designator 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, in pertinent part, that the SPD code "JMB" is the appropriate code to assign Soldiers separating under the provisions of Army Regulation 635-200, paragraph 13-4b, due to unsuitability-personality disorders.  

9.  Army Regulation 601-280 (Army Reenlistment Program) provides that an RE Code of "3" will be assigned to members separating for unsuitability.

10.  Army Regulation 635-200 states 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 (RA and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Table 3-1 included a list of the 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. 

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  His record is void of the specific facts and circumstances surrounding his discharge from the Army, dated 19 August 1980.  However, his DD Form 214 confirms he was discharged due to unsuitability-personality disorders.  His 
DD Forms 214 from the U.S. Navy also show he was previously discharged for unsuitability-character and behavior disorders and later for fraudulent entry.  

2.  In the absence of evidence to the contrary it is presumed that the narrative reason for separation of unsuitable - personality disorders listed on his DD Form 214 issued by the Army was appropriately assigned.  Additionally, the SPD code of "JMB" and an RE code of "3" are consistent with the narrative reason for separation.  The applicant provided no evidence and there is no evidence available to indicate the narrative reasons for separation listed on either of his DD Forms 214 are untrue or unjust.

3.  In view of the foregoing, there is no basis for granting his 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 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)                                         AR20110022641



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ABCMR Record of Proceedings (cont)                                         AR20110022641



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