IN THE CASE OF:	  

		BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130008369 


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 records to show he was medically retired vice being honorably discharged by reason of "Personality Disorder." 

2.  The applicant states the examining doctor was in a rush and seemed to have already made up his mind.  He adds that he never before had nor does he now have a personality disorder.  Furthermore, when he was evaluated by the Department of Veterans Affairs (VA) psychologist, he was found 50-percent disabled [sic] (awarded 50-percent service-connected disability compensation) for post-traumatic stress disorder (PTSD) and anxiety. 

3.  The applicant provides his VA rating decision.

4.  He also provided with his response to the advisory opinion a document, titled: Personality Disorder Discharges: Impact on Veterans' Benefits, Hearing Before the Committee on Veterans' Affairs, U.S. House of Representatives. 

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 shows he enlisted in the Regular Army (RA) on 7 March 2006 and held military occupational specialty 11B (Infantryman).  He was assigned to the 2nd Battalion, 75th Ranger Regiment, Fort Lewis, WA.   He served in Iraq from 28 September 2006 to 10 January 2007. 

3.  On 22 March 2007, he underwent a mental status evaluation at Madigan Army Medical Center, Fort Lewis, WA.  His records contain a DA Form 3822-R (Report of Mental Status Evaluation).  The military psychiatrist stated: 

	a.  The applicant was hospitalized on the Madigan Army Medical Center Inpatient Psychiatry Service (5N) from 18 to 22 February 2007 because of suicidal and homicidal ideations, the former conditional to his return to his unit, the latter directed at sergeant (SGT) W-----h.  He was diagnosed with an Adjustment Disorder Not Otherwise Specified (NOS) secondary to an Occupational Problem, and a Personality Disorder - NOS (borderline and depressive traits).

	b.  The applicant attributed his current stress to perceived harassment by SGT W----h (which per Major (MAJ) F----r is presently under investigation); however, when asked his thoughts about being transferred to a different unit, he broadened his conditional suicidality to encompass retention anywhere in the Army.  ("If you transfer me to another unit, I will kill myself".)  Exploration of his past history was noted for problems with self concept and self esteem, difficulty modulating affect (i.e., emotional instability) and an inclination toward a dysphoric mood, and a pattern of self harm, to include beating himself, head bashing, and suicide attempts by hanging about age 12 and again about age 17. Most recently (some weeks ago), he cut his forearm as a means of coping with "emotional pain."  The above reflects a life-long pattern of recurrent and immature behavior, as well as an inability to relate effectively to others that is consistent with pathology of character, i.e., a "personality disorder."

	c.  Command is advised to warn SGT W----h of [Applicant's] previously expressed thoughts of harm against him.  Further, the applicant's personality disorder precludes effective military service, and Command is advised that he should be promptly administratively separated from service under Army Regulation 635-200 (Administrative Separations), paragraph 5-13, personality disorder. 

	d.  The applicant's homicidal ideations rapidly diminished; however, notably his conditional suicidality persisted until he was informed of the undersigned's recommendation for separation, after which they abated without recurrence. Concomitantly his demeanor brightened.  He has since maintained emotional and behavioral stability; however, as his discharge from 5N approached he understandably was apprehensive about returning to his unit.  At present no "imminent" harm risk is assessed as to warrant continued hospitalization, but he continues to pose a mild to moderate harm risk.  While a one-to-one watch is not currently deemed indicated, regular unit monitoring is necessary, and the threshold for returning him to medical should he become unstable needs to be low.  Additionally, Command is advised to bar him from access to weapons. 

	e.  To provide a greater level of mental health support than is the norm, the applicant has been referred to the Intensive Outpatient Program (lOP), which is a psychiatric day hospital program located at Old Madigan.  Generally speaking the lOP spans two workweeks, and it runs from 0900 to 1500.  His attendance at the lOP should not preclude his attendance at other appointments required for his administrative separation (assuming Command pursues separation).  Beyond the lOP, the applicant is expected to follow up at the Behavioral Health Clinic at Madigan.  Command support of these interventions is advised.

4.  On 21 March 2007, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 5-13, Army Regulation 635-200 because of a personality disorder.   

5.  On 24 March 2007, the applicant acknowledged receipt of the notification of separation action and he consulted with legal counsel and was advised of the basis for the contemplated separation and of the rights available to him in connection with the action.  Subsequent to receiving legal counsel, the applicant waived consideration of his case by an administrative separation board and/or appearance before and administrative separation board.  He also elected not to submit statements in his own behalf. 

6.  Subsequent to this acknowledgement, the immediate commander initiated separation action against the applicant under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  

7.  On 27 March 2007, the separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder and directed the applicant be issued an honorable characterization of service.  On 6 April 2007, the applicant was discharged accordingly.  
8.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of chapter 5-13 of Army Regulation 635-200 by reason of "Personality Disorder" with an honorable character of service.  He completed 1 year and 1 month of active service.  He was assigned Separation Code "JFX" and Reentry (RE) Code 3. 

9.  In connection with the processing of this case, an advisory opinion was obtained on 27 June 2013 from the Office of The Surgeon General (OTSG), Director of Health Care Delivery.  The OTSG official states conclusions for this advisory opinion are drawn solely based on available documentation from his time in active service unless otherwise noted.

	a.  While in Basic Training in May 2006, [Applicant] sought assistance for anxiety attacks.  The medical provider who saw him diagnosed anxiety without specifying further, and stated he was currently asymptomatic and appeared to be doing well.  The next day he was seen again after having an anxiety attack characterized by feeling overcome with fear leading to hyperventilation. Diagnosed with Adjustment Disorder with Anxiety, judged by the reviewer to be acute, he returned to duty with a recommendation for a command referral to the Mental Health Service.  The following month, he was screened and cleared for Airborne training.

	b.  Deployed for just under four months, he sought Behavioral Health services the month after redeployment, in February 2007.  He reported feeling uncomfortable with his airborne unit and became acutely distressed after excessive corrective action by a unit leader.  He alluded to a trauma when he was nine years old and feeling unhappy and socially withdrawn since then.  He also showed the provider where he had cut on his arm, stating it was an attempt to distract from his distress.  He reported often hitting walls with his head or hands as another way to distract from his distress.  The record supported his diagnosis of Adjustment Disorder with Mixed Emotional Features, judged to be acute by the reviewer.  He also received the diagnosis Dysthymic Disorder.  It appeared the applicant had struggled with depressive symptoms for many years, though the specific criteria for this disorder were not documented, and thus the diagnosis was not clearly supported.

	c.  The 22 February 2007 Report of Mental Status Evaluation recommending administrative separation in accordance with Army Regulation 635-200, paragraph 5-13 indicated he had been psychiatrically hospitalized for suicidal and homicidal ideations 18 to 22 February 2007.  Diagnosed with Personality Disorder Not Otherwise Specified, the report supported that diagnosis with his long-standing problems with his self-concept and self-esteem, difficulty modulating affect (i.e., emotional instability), and a pattern of self-harm, to include beating himself, head bashing, two prior suicide attempts, and recently cutting his forearm to cope with emotional pain.  In addition, [Applicant] indicated he would kill himself no matter where stationed in the Army though his current stress was attributed to an individual in his current unit.  Further, his suicidal ideation abated and his mood brightened when informed of the recommendation for separation.  His maladaptive personality characteristics interfered with his effective social and occupational functioning.  He received Seroquel to use as needed for sleep and anxiety and Zoloft for his depressive symptoms.

	d.  Entering the Intensive Outpatient Program (lOP) after hospitalization, [Applicant's] intake documentation stated he expressed depressive symptoms over the past month appearing to meet criteria for Major Depressive Disorder, though the adjustment disorder diagnosis was continued with a rule out of Dysthymic Disorder.  It is unclear which of the two depressive disorder diagnoses would have best captured his symptoms; however, his total presentation appeared to be more than an adjustment disorder.  He also presented with an anxiety component to his clinical picture, though not to the level of a diagnosis. There were two more notes in the record, one the next day for participation in the lOP, and a telephone contact 16 March 2007 rescheduling an appointment to later the same day.  Unfortunately, no other behavioral health notes were available to review for treatment progress in the lOP.

	e.  [Applicant's] Report of Mental Status Evaluation sufficiently supported the personality disorder diagnosis.  The record also supported, however, a depressive diagnosis of either a chronic or recurring nature, versus the diagnosed adjustment disorder.  His depressive symptoms appeared to have interfered with his effective social and occupational functioning, and a referral to a Medical Evaluation Board would have been indicated.  

10.  On 3 July 2013, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond to or rebut its contents.  He submitted a rebuttal on 2 August 2013.  He stated: 

	a.  He has enclosed a transcript from a congressional hearing on personality disorder discharges that may enlighten the Board to how the military misuses these discharges, and a rebuttal to what has been absurdly reported about him by the person who saw him at the Madigan Army Hospital in the memorandum that I was sent.  In paragraph three on the memorandum, it states that the medical provider who saw him stated that he was currently asymptomatic and appeared to be doing well.  The next time the provider saw him his symptoms were judged to be acute and returned to duty.  Approximately one month later he was screened and cleared for airborne training.  Next, in chapter four of the memorandum, it states that after returning from deployment he reported feeling uncomfortable with his unit and became acutely distressed after many excessive corrective actions by my team leader.  He would like to correct that as to say that he was not uncomfortable with his unit, he was uncomfortable with his team leader who was found to be so unsuitable for a leadership role upon returning from that deployment that he was relieved of his leadership and sent to work in the supply room.  In actuality, he loved his unit and yes he did despise his team leader.  Next in that paragraph it states that he alluded to a trauma when he was 9 years old and feeling unhappy and socially withdrawn since then.  That statement is only partially correct.  Yes, there was a "trauma" when he was 9 years old, and yes he was unhappy about the fact that his parents got a divorce, but he almost laughed at the fact that the provider said that he has been socially withdrawn since then.  That is comical to even think of.  Yes, like any child would have been, he was sad at the occurrence, but he has never been socially withdrawn in his life and never will be.  

	b.  All throughout growing up, his childhood through college, he has been somewhat of one of the popular kids in class.  He has always made friends easily and enjoyed doing so.  Two sentences later in paragraph four, it states that he reported often hitting walls with his head or hands as another way to distract from his distress.  First, he would like to say that he has never beat his own head against anything for any reason, that is a flat out lie, and if he did partake in that action, would there not have been marks and places on his head visible to the provider when he was talking with him? Second, when he answered the part about hitting walls, the provider had asked him if he had ever in his life punched walls or anything, and he had answered just once when he was around 17 years of age.  He had punched a wall out of anger but that was the only time, and to be honest he has not done that since that moment either.  The next sentence states that adjustment disorder and mixed emotional features were judged to be acute.  The last two sentences in paragraph four are the two that he believes support his argument the best.  It states that he received a diagnosis of dysthymic disorder (which is described by the American Psychological Society as many and several years of deep depression and occur most every day or at least four to five days of the week with other symptoms as poor appetite or overeating, insomnia or hypersomnia, low energy or fatigue, low self-esteem, poor concentration or difficulty making decisions, feeling of hopelessness) and had struggled with depressive symptoms for many years.  It states that "Though the specific criteria for this disorder were not documented, the diagnosis is not supported."  The bottom line is that there is no proof that he has that disorder and according to the guidelines of that disorder, there is obviously no previously documented information where he experienced anyone of those symptoms which is why that is so absurd.  That is basically saying that he has been severely depressed for most of his life to the point where it affects his functionality on a daily basis yet there is no evidence and no history throughout his entire life that he has ever experienced any of these things.

	c.  In paragraph five, it states that he was hospitalized for suicidal and homicidal ideations (saying that he was going to kill himself).  This is a sad but interesting problem because upon entering the hospital, he was merely seeking to talk with a counselor or psychiatrist or somebody that he could convey the problems he was having with his team leader, his excessive corrective actions, and the impact that they were having on him.  In other words, he was just looking for somebody to talk to.  When he stated this to the receptionists, they told him that at the time nobody was being allowed in that was not "suicidal or homicidal" and somewhat suggested to just say it and he could be seen.  Well, he did, which looking back was a poor decision to allow himself to make because nobody explains to him how things of this sort will follow him around.  The sentence "Diagnosed with Personality Disorder Not Otherwise Specified" supported that diagnosis with his "long standing problems with self-concept, self-esteem, emotional instability, and a pattern of self-harm including beating himself (never have done this before and he does not really even understand the concept that a person can beat themselves), head bashing (once again he never engaged in that), two prior suicide attempts (these really never happened, for one, he has never tried to kill himself and for two, in the state of Kentucky where he is from it is against the law to attempt suicide, and therefore if he actually had attempted suicide, he would have been sent to a mental facility and also been incarcerated for the attempt, which would have been heavily documented and shown up in his background check before entering the military).  None of these statements are true.  He would not have said such absurd things no matter how angry or sad, and finally there is no proof and or documentation from his past that would coincide with these statements.

	d.  Later in paragraph five it states that he indicated he would kill myself no matter where stationed in the Army though his current stress was attributed to an individual in his unit (this obviously proves right there that his current state at the time was due to an individual, not a disorder).  He points out that his comment at this time may have been highly inappropriate but was definitely taken way out of proportion.  The provider asked him if he thought that it would be good for him to transfer to another unit and he suggested to him and also his battalion commander that he merely desired an in-unit transfer, just to a different company.  Then again, the provider asked about another unit and he stated that "all I wanted was to be a ranger; I would rather kill myself than to be a leg [which is a term for non-airborne infantry]."  He knows how this sounds, but he was not suicidal and he did not really mean that he was going to kill himself.  It was just a figure of speech as a kid might say to their parents "I would rather kill myself than take out the trash again."  Obviously the child would not want to kill himself in that situation.  Yes, bad choice of words at the time but obviously no real intent.

	e.  The next sentence states that his suicidal ideation abated and his mood brightened when informed of the recommendation for separation.  This is not so. The provider kept just saying that he thought it would just be better for him to get out with all of my benefits, etc. and he kept saying that that decision is not what he wanted and that he wished to stay in his unit and he told him that if an in-unit transfer was not possible, his last option would be to move to another unit as opposed to getting out.  He kept insisting that to just get separated and being 20 years old, not fully aware of what he was doing, ill-informed, and with no other people looking out for him  or bother explaining what was happening, he was finally convinced to accept it and get out.  This is the part that hurts the most and haunts him almost every day.  He is not interested in the benefits part or anything of that nature; he loved the military and wanted to stay in for a long time.  He has a strong family history of military service and growing up this was all he wanted to do.  He feels robbed of his opportunity.

	f.  Finally, in paragraph seven it states that his depressive symptoms "appeared" to have interfered with his social and occupational functioning.  This cannot be true with no supporting evidence.  Also, that statement is not even a positive statement when referring to his functioning.  If they really felt that something inhibited his function wouldn't the statement be more conclusive such as "it absolutely interfered with my function" or at least saying "it did in fact" inhibit my functioning instead of simply it "appeared" to.  His final argument is this: how could he have even gotten into the military with such strong maladaptive and depressive behaviors when such things would have been discovered in a background check (illegal suicide attempts), or through the rigorous psychiatric evaluations at the Military Entrance Processing Station.  He was seen twice in basic training with no major conclusions being drawn (and asks the Board to take notice of how many times the words "acute" or "asymptomatic" are used, which is very often).  Then after basic training, he was seen, screened, and cleared for airborne training.  After airborne school, he went through Ranger Indoctrination Program, where before you can graduate and go to a Ranger unit, you must be seen, evaluated, and cleared by the 75th Ranger Regiment Psychologist.  Once again, he was cleared there.  Then again before a member deploys to combat, that member must be seen and cleared by a psychologist while getting the shots, etc.  Once again, he was cleared there.  That makes seven times that he was seen in 14 months with nothing being found.  How is it possible to determine him to be un-functional for duty after being seen seven times in 14 months, when he only saw the provider at Madigan Army Hospital for only twenty minutes to a half hour?  He would like to add that most to all of the symptoms stated about him in this report of severe depressive issues and self-beating etc. have no prior proofs or documentation or Instance.  Wouldn't there be some sort of mental health history for a child and adolescent who showed these symptoms for so long and so severely?  That is the case in point here is that there is no proof or history of these accusations because they did not occur.  His parents are good parents and were both in law enforcement, and would have sought help and treatment for him if any of these things even showed themselves slightly, thus there would have been a background or paper trail of some sort documenting these actions and symptoms.

	g.  According to the Mayo Clinic, a Personality Disorder is a type of mental illness in which a person has trouble perceiving and relating to situations and to people - including own self.  In general, having a Personality Disorder means a person has a rigid and unhealthy pattern of thinking and behaving no matter what the situation.  This leads to significant problems and limitations in relationships, social encounters, work, and school (he was an "A" and "B" student through high school and college).  He believes with that being said, it would have been obvious long before he talked to this provider that something was wrong with him if this defined who he actually is.  He has never had a problem with self-image or self-esteem and has always been an outgoing socializer with many friends and never had a problem making lots of them.

	h.  Finally, by law the exceptions (cannot be discharged because of) to being discharged with a personality disorder are compact exhaustion.  Just returning from a combat deployment will cause that especially when the unit only goes out at night and sleeps during daylight, and other acute situational maladjustments. All throughout the memorandum about him, acute situational maladjustment seems to be referred to quite often (hence all of the acute words mentioned and a couple maladjustments).  Also, in discharging somebody with a personality disorder, the command must counsel at least once prior to initiation of chapter action, state the reason for counseling, inform the Soldier that separation action will be taken if behavior continues, counseling on the type of discharge that could result and the effect of each type, the Soldier must be given a reasonable amount of time to rehabilitate before being discharged.  He was literally given none of this especially the time to "rehabilitate" or get himself together or become informed on the situation.  All it took was talking to a provider for 20 to 30 minutes, who kept suggesting over and over about getting out and then he was gone; that was it.  No time to get himself together and no time for anything.  It almost seemed as though the provider had his own agenda and knew how to word his report with no previous proof of anything.  He knows that the burden of proof lies with him, but he points out that there is no proof of these accusations made against him.  There is no prior documentation of any kind throughout his pre-military life, and most of these "symptoms" from his past never happened.  All he wanted to gain out of this is for his discharge changed to something different and preferably to something that has a Reentry (RE) Code that could allow him to get back into service, which is something that he has been trying to do since the day that he got out.  He does not care if it is a medical discharge or anything that will take that personality disorder off and changed to something with a better RE Code.  

	i.  He does not have a personality disorder, never has, never will, and he asks for fairness in the Board's decision and the realization that he did not even want to be separated; he was merely talked into it and the process as outlined by law never happened.  A personality disorder stems from several events in one's past causing a depressive and handicapped personality from then on.  This absolutely does not apply to him, and given that their only evidence of an event is his parents getting divorced (if this was the case then over 50% of Americans would suffer from this), that is one event in his life and definitely not enough to support this diagnosis nor is only being seen for 30 minutes.  No psychologist/psychiatrist in America would say that you could diagnose somebody with a personality disorder in that amount of time and that is why also there is a national organization for those professions that are opposing how the military uses these diagnoses. 

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) prescribes the policy for the administrative separation of enlisted personnel.  Paragraph 5-13 provides for separating members by reason of personality disorder (not amounting to disability) that interferes with assignment or with performance of duty. 

12.  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.

13.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA 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 RA 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
14.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper RE code to assign to Soldiers separated with SPD code JFX due to personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The intent of the Assistant Secretary of the Army (Manpower and Reserve Affairs) is to allow Soldiers who were discharged under the provision of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder and were not screened for PTSD and/or traumatic brain injury (TBI) to obtain a VA evaluation and submit their applications to this Board for review.  

2.  In this regard, the applicant initially requested a medical discharge but did not specify what physical condition rendered him unable to perform the duties required of his rank/grade.  

	a.  Referral to the Army physical disability evaluation system (PDES) requires a designation of "unfit for duty" before an individual can be separated from the military because of an injury or medical condition.  Here, there is no evidence the applicant had: 

* a permanent physical profile
* a diagnosis of a disabling condition that rendered him unable to perform the duties required of his MOS or grade
* a mental status evaluation that confirms a diagnosis of bipolar disorder or any other mental health problem
* a medical examination that warranted his entry into the PDES

	b.  If and when identified, diagnosed, evaluated, and rated, a disability rating assigned by the Army is based on the level of disability at the time of the Soldier's separation and can only be accomplished through the PDES.  Only those conditions that render a member unfit for continued military duty at the time of separation will be rated.  

	c.  In the applicant's case, contrary to his belief and/or assertion, not only was he not diagnosed with any disabling condition, his service was not interrupted by any medical condition.  Most importantly, throughout his rebuttal to the advisory opinion he insists he wants to return to the service, indicating he does not believe he is qualified for a medical discharge.  His service was interrupted by his personality disorder.   
	d.  A key element of the Army PDES is the Soldier’s conditions at the time of separation.  It is not intended to be a prediction of future medical ailments.  A disability rating assigned by the Army is based on the level of disability at the time of the Soldier's separation and can only be accomplished through the PDES.  The applicant has failed to support his contention that he was medically unqualified at the time of his 2007 discharge or that he was eligible for disability processing.  Therefore, he is not entitled to a medical discharge. 

3.  In its review of his discharge, the Board obtained an advisory opinion from OTSG which confirmed the diagnosis of personality disorder:

	a.  Unlike PTSD, which the Army considers as a treatable mental disability caused by the acute stressors of war, the Army defines "personality disorder" as a deeply ingrained maladaptive pattern of behavior.  In the applicant's case, his Report of Mental Status Evaluation clearly shows he was diagnosed with Adjustment Disorder Not Otherwise Specified (NOS) secondary to an Occupational Problem, and a Personality Disorder - NOS (borderline and depressive traits).

	b.  Contrary to his assertion that it took the Army 20 to 30 minutes to reach this diagnosis, the evidence of record shows the applicant was hospitalized on the Madigan Army Medical Center Inpatient Psychiatry Service from 18 to 22 February 2007 because of suicidal and homicidal ideations, the former conditional to his return to his unit, the latter directed at a sergeant.

	c.  His diagnosis came from his medical/family history, observation, clinical interview, and his own statements.  Based on his diagnosed personality disorder, his chain of command initiated separation action against him.  His separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant's narrative reason for separation was assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13 of for a personality disorder.  Absent this condition, there was no fundamental reason to process him for a discharge.  The only valid narrative reason for separation permitted under this paragraph is "Personality Disorder."  This reason is properly annotated on his DD Form 214.  

5.  As for his RE Code: 

	a.  Again, the applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of personality disorder.  Based on the authority and reason for separation he was appropriately assigned SPD code JFX in accordance with the applicable regulation.  This separation code has a corresponding RE Code of "3."  Therefore, he received the appropriate narrative reason for separation and the correct corresponding Separation code.  

	b.  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.

6.  After a comprehensive review of the applicant's case, it is concluded that he was properly separated without a violation of his rights.  He received the appropriate separation reason and code as well as the appropriate RE code.  Therefore, he is not entitled to 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 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)                                         AR20130008369





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ABCMR Record of Proceedings (cont)                                         AR20130008369



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