IN THE CASE OF:	  

		BOARD DATE:	 12 July 2012 

		DOCKET NUMBER:  AR20120001021 


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, her narrative reason for separation and Reentry Eligibility (RE) code be changed.

2.  She states she:

* wants her DD Form 214 (Certificate of Release or Discharge from Active Duty) re-evaluated because she's unable to secure employment in many areas of interest
* was very young and impressionable when she entered the Army and made foolish mistakes in order to be discharged
* made a mistake that has haunted her for some years now 
* would like careful consideration in her appeal to change the type of separation so she can take care of her family
* has tried for years to have this fixed, but she was always steered in the wrong direction

3.  She provides her 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 was born on 7 August 1969.  She enlisted in the Regular Army on 23 May 1988 at the age of 18 years old.  She was assigned to Fort McClellan, AL for basic training.  

3.  On 28 June 1988, the applicant underwent a mental status evaluation and was diagnosed as having Adjustment Disorder with Depressed Mood and Personality Disorder (not otherwise specified).  Her principal diagnosis was indicated as Mixed Features of the Avoidant, Schizoid, Dependent, and 
Passive-Aggressive.  The psychiatrist recommended the applicant be considered for an expedited separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5.  

4.  The company commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder.  The company commander cited the reasons for proposed action as the applicant's high suicide risk, inability to adapt to the military way of life, and the condition was chronic and recalcitrant to attempts of rehabilitation.  She was advised of her rights.  The applicant waived counsel and she didn’t submit statements in her own behalf.  

5.  On 20 July 1988, the separation authority approved the applicant’s discharge from the service under the provisions of Army Regulation 635-200, paragraph    5-13 by reason of personality disorder with an entry level status uncharacterized discharge.  

6.  On 25 July 1988, she was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder with uncharacterized service.  She completed 2 months and 3 days of active military service.  

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

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 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.

9.  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.

10.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  It states that item 28 (Narrative Reason for Separation) will list the narrative reason for separation based on regulatory or other authority and can be checked against the cross-reference table in Army Regulation 635-5-1.

11.  Army Regulation 635-200 provides 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 contends she is unable to secure gainful employment because of the nature of her discharge.  However, the ABCMR does not amend or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.   

2.  Records show the applicant was 18 years of age at the time she entered the Army.  However, there is no evidence that indicates she was any less mature than other Soldiers of the same age who successfully completed military service.  

3.  Her administrative separation by reason of personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13 was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights.

4.  Her service record shows she underwent a psychiatric evaluation in June 1988 by competent medical authority and was diagnosed with having Adjustment Disorder with Depressed Mood and Personality Disorder (not otherwise specified).  

5.  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 her discharge.  

6.  In accordance with the preparation instructions for item 28 of the DD Form 214, the narrative reason for separation is taken from Army Regulation 635-5-1.  Therefore, the correct narrative reason for separation as provided in Army Regulation 635-5-1 was properly entered on his DD Form 214.

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

8.  The applicant's RE code is based on her reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed.  Her narrative reason for separation was based on her personality disorder and she 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)                                         AR20120001021





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ABCMR Record of Proceedings (cont)                                         AR20120001021



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