IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020280 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 27 (Reentry (RE) Code) from RE-3 to something more favorable
* Item 28 (Narrative Reason for Separation) from Personality Disorder to something else

2.  The applicant states he was going through a divorce that was proving to be quite messy at the time.  His former spouse had numerous outstanding debts which resulted in multiple collection calls to the unit.  She wrote three bad checks for pizza deliveries which resulted in him having to visit the Provost Marshal.  She also called and requested a Congressional investigation regarding his many field training exercises which caused further embarrassment to the unit and himself.  His chain of command urged him to seek a discharge under chapter 5-13 which he did not want to do.  After being coaxed into believing that this discharge would only result in a 6-month bar to reenlistment, at which time he "could come back squared away," he agreed to go along with the idea.  He was told that this was the quickest way to get divorced and come back to work since his chain of command could not help in his situation.  He was also told this was an RE-2 that would not require a waiver.  It is an RE-3 that is un-waivable in reality.  He would like the opportunity to serve his country once again and cannot do so with this stigma attached to his DD Form 214.  He requests that the Board change his narrative reason for separation and upgrade his reentry code.  He also argues:


* his military record shows his condition was of a short duration
* he was awarded the Army Achievement Medal 30 days prior to his discharge - an indication of his ability to perform his duties
* his medical records contain a psychiatric evaluation that shows this type of discharge was the only way out
* he had no lost time during his enlistment and the only issues he encountered were related to his former spouse
* he was never counseled regarding his deficiencies or given the opportunity to overcome his shortcomings
* his discharge was more like a convenience to the chain of command at the time

3.  The applicant does not provide any evidence. 

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 complete records - specifically his separation packet and mental status evaluation - are not available for review with this case.  

3.  The available records show he enlisted in the Regular Army on 6 January 2000 and he held military occupational specialty 13B (Cannon Crewmember).  He was assigned to Fort Bragg, NC.

4.  He was honorably discharged on 15 March 2001.  His DD Form 214 shows he was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) by reason of a personality disorder.  He completed 1 year, 2 months, and 15 days of active service.  His DD Form 214 shows in:

* Item 26 (Separation Code) - "JFX"
* Item 27 - RE-3
* Item 28 - Personality Disorder

5.  Army Regulation 635-200 provides 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, not amounting to disability under Army Regulation 635-40 (Personnel Separations - Physical Evaluation for Retention, Retirement, or Separation), which interferes 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.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes including Regular Army RE codes.  

* An RE-1 applied to persons who completed an initial term of active service who were fully qualified for enlistment when separated
* An RE-3 applied to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable

7.  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 SPD code of JFX is the correct code for Soldiers separating under paragraph 5-13 of Army Regulation 635-200 by reason of a personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record is void of the facts and circumstances that led to his discharge action.  However, his record contains a duly-constituted DD Form 214 that shows he was discharged on 15 March 2001 under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of a personality disorder.  
2.  His narrative reason was assigned based on the fact that he was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200.  Absent the personality disorder, it appears there was no fundamental reason to process him for discharge.  The underlying reason for his discharge appears to be his personality disorder.  The only valid narrative reason for separation permitted under that paragraph is "Personality Disorder" and the appropriate SPD and RE codes associated with this discharge are JFX and RE-3, both of which are correctly listed on his DD Form 214. 

3.  It must also be presumed that his discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of his rights.  His administrative discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder appears to be proper. 

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code.

5.  In view of the circumstances in this case, there is insufficient evidence to grant the requested relief.  

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)                                         AR20120020280





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ABCMR Record of Proceedings (cont)                                         AR20120020280



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