IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012 

		DOCKET NUMBER:  AR20120000243 


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 narrative reason for separation and reentry eligibility (RE) code to a more favorable reason and RE code.

2.  The applicant states, in effect, he was honorably discharged due to a personality disorder and he was issued an RE-3 code for a personality disorder.  He goes on to state he does not deny he got himself into trouble but he subsequently enlisted in the Idaho Army National Guard (IDARNG) with a waiver and he was honorably discharged.  He further states he filed a claim with the Department of Veterans Affairs (VA) and he was given a 10 percent (%) disability rating for post-traumatic stress disorder (PTSD).  During his interview his counselor told him he should not have been discharged for a personality disorder because he had PTSD.

3.  The applicant provides:

* a self-authored letter explaining his application, dated 9 December 2011
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 April 1993
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 9 March 2000
* page 2 of his separation physical
* copies of his awards and achievements
* a copy of his VA examination, dated 22 September 2011


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 record, though somewhat incomplete, indicates he enlisted in the Regular Army (RA) on 14 March 1989 for training as an attack helicopter repairman.  He completed his training and he was assigned to Fort Riley, KS.

3.  He deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from December 1990 to June 1991.  He returned to Fort Riley where he remained until he was transferred to Korea.

4.  The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his record contains a DD Form 214 that shows that he was honorably discharged on 16 April 1993 under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  He completed 4 years, 1 month, and 3 days of creditable active service.  He was assigned a separation code of JFX and an RE-3 code.

5.  On 9 July 1997, he enlisted in the IDARNG with a waiver and served until he was honorably discharged on 9 March 2000.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  On 8 July 2003, he was honorably discharged from the USAR.

6. In September 2011, the applicant was diagnosed by the VA as having Axis I - PTSD and alcohol abuse. 

7.  Army Regulation 635-200 sets forth the policy for the separation of enlisted personnel.  Paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  The diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of a personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired.

8.  Army Regulation 635-5-1 (Separation Program Designator (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 JFX is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFX.

9.  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 USAR.  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, chapter 5 and reenlistment was not contemplated.  They were fully qualified for enlistment/reenlistment if all other criteria were met.  

	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.  In the absence of evidence to the contrary, it is presumed that the applicant was properly discharged in accordance with the applicable laws and regulations with no indication of any violations of his rights.

2.  Accordingly, he was properly assigned a narrative reason for separation and RE code based on the authority for his discharge.

3.  Although the applicant provides documentation showing he is not currently diagnosed as having a personality disorder, the evidence submitted with his application and the evidence of record fail to show he was not properly diagnosed at the time or that his discharge was not conducted in accordance with the applicable laws and regulations in effect.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Gulf War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20120000243



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ABCMR Record of Proceedings (cont)                                         AR20120000243



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