BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110023422 


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 change of his reentry eligibility (RE) code of 3 to a more favorable RE code so he may reenter the military.

2.  The applicant states he joined the Army at age 18 for his father, not for himself.  He made a very immature and selfish mistake by getting out early.  He further states he would like to go back into the military after graduation, but he is finding it hard to get back in because most services are not accepting waivers. 

3.  The applicant provides a self-authored statement.

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 16 September 2005.  He completed training and he was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.  However, he held the rank/grade of private (PV2)/E-2 at the time of his discharge

3.  His record contains a psychiatric evaluation, dated 20 June 2007, which states the applicant was diagnosed with:

	Axis I:  Adjustment Disorder with Mixed Emotional Features;
                 Anxiety Disorder Not Otherwise Specified
	Axis II:  Dependent Personality Disorder

It further states the applicant’s symptomatology was severe, chronic, and was  impairing his functions in garrison.  The applicant did not improve with trial medication and it was deemed unlikely he would ever be functional enough (even with medication) to successfully deploy.  His anxiety, impulsivity, lack of affective regulation skills, and attentional deficits would put him at risk, as well as other Soldiers in his unit.  The psychiatrist strongly recommended the applicant be administratively separated as expeditiously as possible.

4. Evidence also shows he received an event orientated counseling and recommendation for a Company Grade Article 15 on 12 July 2007, for violating Article 86, Absent Without Leave and Article 92, Failure to Obey Order or Regulation, of the Uniform Code of Military Justice.

5.  On 5 September 2007, the applicant was notified of his commander’s intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 5-13, Personality Disorder.

6.  On 10 September 2007, the applicant acknowledged receipt of the separation notification memorandum and subsequently requested the opportunity to consult with legal counsel.

7.  The separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-13 and directed the issuance of an Honorable Discharge Certificate.  Accordingly, the applicant was discharged on 27 September 2007.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he was honorably discharged on 27 September 2007 under the provisions of Army Regulation   635-200, paragraph 5-13 for a personality disorder.  He completed 1 year,        11 months, and 21 days of creditable active service.  He was assigned a separation code of "JFX" and an RE code of 3.

8.  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 (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.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The "JFX" SPD code is the correct code for members separating under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.

10.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  The cross reference table in effect at the time of his discharge shows that SPD code "JFX" has a corresponding RE code "3."

11.  Army Regulation 635-200 further 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 (Active and Reserve Components 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.  Prior to 28 February 1995, RE-2 applied to Soldiers who were separated for the convenience of the Government in accordance with Army Regulation
635-200, chapters 5 and reenlistment was not contemplated.  They were fully qualified for enlistment/reenlistment if all other criteria were met.  However, on
28 February 1995 Army Regulation 635-200 was revised affecting the discontinued use of RE-2.

	c.  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 for enlistment unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record confirms he was separated under the provisions of Army Regulation 635-200, paragraph 5-13, personality disorder.  It further shows that based on this authority and reason for separation he was appropriately assigned an SPD code of JFX in accordance with the applicable regulation.  He was also assigned the corresponding RE code of 3.  His assigned RE code was and remains valid.

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to his RE code, this does not mean that he is disqualified from reenlistment.  An RE code of 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.  If the applicant still desires to reenter the Army, he should contact a local recruiter who can best advise a former service member as to the needs of the Army at the time and are required to process RE code waivers.

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)                                         AR20110023422



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ABCMR Record of Proceedings (cont)                                         AR20110023422



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