BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130011944 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her narrative reason for separation as "Secretarial Authority" and her reentry eligibility (RE) code as 1.

2.  The applicant states, in effect, she has been evaluated and determined not to have a personality disorder and she never had one.  She states she was bullied by her supervisor and was just too immature at the time to handle it.  She now desires to reenter military service and complete her obligation.

3.  The applicant provides a letter from an individual and family counseling clinic indicating she does not have any mental issues that would disqualify her for military service, three third-party letters of support, college transcripts, marriage license, prescription descriptions/instructions, and commendatory documents from her official records.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 June 2002 for a period of 4 years, training as a Patriot Missile Crewmember, and a $7,000.00 enlistment bonus.  She completed basic training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Bliss, Texas.  She was assigned to Fort Bliss for her first and only duty assignment.  She deployed to Kuwait during the period 23 February-26 May 2003.

2.  On 26 August 2004, she underwent a mental status evaluation and was diagnosed as having an Axis I dysthymic disorder (existed prior to service) and an Axis II personality disorder (not otherwise specified).  The examining psychiatrist opined that her disorder was of such severity that she would not be able to adequately serve in the Army and recommended her expeditious discharge.

3.  On 14 September 2004, the applicant's commander notified her that he was initiating action to discharge her from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13, due to a personality disorder as diagnosed by a medically-qualified psychiatrist.

4.  The applicant waived all of her rights, including the right to consult with counsel, and elected not to submit a statement in her own behalf.

5.  The appropriate authority approved the recommendation for discharge on 15 September 2004 and directed the issuance of an Honorable Discharge Certificate.

6.  Accordingly, she was honorably discharged on 30 September 2004 under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder.  She completed 2 years, 3 months, and 5 days of active service and was assigned RE code 3.

7.  The applicant applied to the Army Discharge Review Board (ADRB) for a change in her narrative reason for separation on 24 July 2012.  On 11 February 2013 after reviewing the available evidence, the ADRB determined her narrative reason for separation was correct under the circumstances of her case.  The ADRB denied her request on 11 February 2013.

8.  Army Regulation 635-200 states that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 provides a list of RE codes.

	a.  RE-1 applies to Soldiers completing their terms 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.  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.

10.  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 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 a personality disorder.  The SPD/RE Code Cross Reference Table stipulates that RE code 3 will be assigned to members separated under these provisions with SPD code JFX.

11.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It provides that the DD Form 214 will reflect information that is in effect at the time the DD Form 214 is prepared.  Changes that occur subsequent to the date covered by the DD Form 214 are not authorized for entry on that form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.

2.  While the applicant now comes to the Board with a letter from a psychiatrist at an individual and family counseling clinic indicating that she does not have any mental issues that would disqualify her for military service almost 10 years later, that in itself does not negate the diagnosis made at the time she was discharged.

3.  The applicant was diagnosed by a medically-qualified psychiatrist on 26 August 2004 as having a personality disorder.  She was separated under the provisions of Army Regulation 635-200, paragraph 5-13, and was properly issued SPD code JFX and RE code 3 in accordance with the applicable regulations.  Therefore, there is no error or injustice in this case.

4.  The applicant is advised that RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification.  Therefore, if she desires to reenter military service, she should contact a local recruiter who can best advise her on her 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 are required to process requests for RE code waivers.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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 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 this action in no way diminishes the sacrifices made by her in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of her 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)                                         AR20130011944



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ABCMR Record of Proceedings (cont)                                         AR20130011944



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