IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130011553 


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) to show his middle name as Damian instead of Damien
* review of his Separation Code, Reentry (RE) Code, and Narrative Reason for Separation.

2.  The applicant states:

	a.  His middle name on all military records is Damien.  However, the correct spelling of his middle name is Damian.  As a child, he spelled his middle name incorrectly for years thinking it was Damien when it was in fact Damian. 

	b.  His discharge for personality disorder was used by the Army to get away with not having to grant him veteran benefits.  His narrative reason for separation (personality disorder) looks bad when he applies for jobs and also disqualifies him from reentering the U.S. Coast Guard because of his Separation and RE Codes.  

	c.  At the time of his discharge, he did not believe the Army gave him enough time to regroup after some major events that happened during the time he was in the Ranger Battalion.  He was awarded "Platoon Honor Graduate" during basic combat training and he earned his jump wings shortly thereafter.  He was a model Soldier and he feels he was not treated fairly.

3.  The applicant provides:

* Letter from the National Personnel Records Center
* DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 2-1 (Personnel Qualification Record - Part II)

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 records show he enlisted in the Regular Army (RA) on 8 April 1993.  Item 1 (Name (Last, First, Middle)) of his DD Form 4 shows his middle name as "Damien."  He authenticated this form and all allied documents using this middle name.  

3.  He completed basic combat and advanced individual raining and he was awarded military occupational specialty (MOS) 11B (Infantryman).  He also completed the Basic Airborne Course.  

4.  His DA Form 2-1 which was created upon his entry on active duty listed his middle name as "Damien."  He also reviewed this form and authenticated it by placing his signature using the middle initial "D." 

5.  He was awarded or authorized the Army Service Ribbon, National Defense Service Medal, Parachutist Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He was assigned to B Company, 2nd Battalion, 9th Infantry, Fort Lewis, WA. 

6.  His records contain a DA Form 3822-R (Report of Mental Status Evaluation), dated 4 January 1994.  The military psychiatrist remarked that the applicant was fully alert and oriented with a clear thinking process and normal thought content.  He also stated:  
	a.  The applicant was evaluated at his commander's request on 22 November and 22 December 1993.  He was previously hospitalized at the psychiatric ward on 15 and 16 December 1993.  Based on this evaluation, the diagnostic impression is "Personality Disorder, Not Otherwise Specified (NOS)" which is a type of personality disorder within the meaning of Army Regulation 40-501 (Standards of Medical Fitness), and the Diagnostic and Statistical Manual (DSM-III-R).

	b.  His disorder is so severe that his ability to function effectively in a military environment is significantly impaired.  Problems presented by the applicant are not amenable to hospitalization, brief treatment, a rehabilitative transfer, disciplinary action, or an MOS reclassification.  Further retention will likely create additional management problems for the command.  Recommend administrative separation. 

7.  On 12 January 1994, his immediate commander notified him of his intent to initiate separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of personality disorder.  He recommended an honorable discharge.

8.  On 12 January 1994, the applicant acknowledged receipt of the notification of his pending separation action and he was subsequently advised by counsel of the basis for the contemplated action to separate him for a personality disorder under the provisions of paragraph 5-13 of Army Regulation 635-200.  He elected not to submit a statement and further indicated he understood that he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  

9.  On 13 January 1994, his immediate commander initiated separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of mental disorder.  The immediate commander remarked that the applicant's Report of Mental Status Evaluation reflects a diagnosis of Personality Disorder (NOS) that significantly impaired his ability to function in a military environment.  His battalion commander recommended approval. 

10.  On 19 January 1994, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-13 of Army Regulation 635-200 and directed he be issued an honorable character of service.  On 2 February 1994, the applicant was accordingly discharged. 

11.  All documents in his service records, including his complete separation packet, reflect the middle name "Damien." 

12.  His DD Form 214 shows he was discharged on 2 February 1994.  He completed 9 months and 25 days of creditable active service during this period.  The following entries are also shown:

* item 1 (Name (Last, First, Middle)) shows the middle name "Damien"
* item 25 (Separation Authority) shows the entry "Army Regulation 635-200, paragraph 5-13"
* item 26 (Separation Code) shows the entry "JFX"
* item 27 (RE Code) shows the entry "3"
* item 28 (Narrative Reason for Separation) shows the entry "Personality Disorder"

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

14.  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.

15.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and U.S. Army Reserve.  It stated that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.  Table 3-1 included a list of Regular Army RE codes.

* An 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
* An 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 unless a waiver is granted

16.  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.

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

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's middle name: 

	a.  The evidence of record shows the applicant used the middle name of "Damien" upon his enlistment in the RA.  This middle name is consistent with the middle name on all official military records throughout his military service.  He authenticated several forms that contain this middle name.  He did not use the middle name that he now claims during his period of military service.

	b.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 

	c.  While it is understandable the applicant desires to now record a different middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  Therefore, he is not entitled to this portion of the relief he seeks. 

2.  With respect to his separation process and corresponding codes: 

	a.  The evidence of record shows the applicant underwent a mental status evaluation at his commander's request by competent military medical personnel. He was diagnosed with a Personality Disorder (NOS) that significantly impaired his capacity to adapt and function in a military environment.  His condition was not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification into another type of duty within the military.  Accordingly, his chain of command initiated separation action against him.

	b.  The evidence of record also shows his separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized his rights.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge is commensurate with the applicant's overall record of military service.  

	c.  His 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 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" and its corresponding SPD code is "JFX."  Therefore, he received the appropriate narrative reason for separation and separation code.

	d.  He was assigned SPD Code "JFX" which has a corresponding RE-3 Code. This code is also correctly shown on his DD Form 214.  An RE-3 is assigned to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  They are ineligible unless a waiver is granted.  

	e.  His desire to reenter the military is noted.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  

3.  There is no evidence in the available records and the applicant did not provide sufficient evidence to substantiate a change to his narrative reason for separation, separation code, RE code, or middle name.  Therefore, he is not entitled to the requested 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)                                         AR20130011553





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ABCMR Record of Proceedings (cont)                                         AR20130011553



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