IN THE CASE OF:	   

		BOARD DATE:	  23 July 2014

		DOCKET NUMBER:  AR20130022144 


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:

The applicant defers his request, statement, and evidence to counsel. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's earlier request for correction of his narrative reason for separation from "Personality Disorder" to Secretarial Authority.

2.  As a new issue, counsel also requests correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* item 26 (Separation Code), code JFF vice LFX
* item 27 (Reentry (RE) Code), RE-1 instead of RE-3 

3.  Counsel states the applicant initially applied for a change to the narrative reason for separation in 1998.  His case was denied.  He submitted a request for reconsideration in 2012 but this was returned without action.  The Board erred in returning his reconsideration request because at the time of his original application the Board informed him he could submit a request for reconsideration if he had new evidence.  Nothing was mentioned about the one-year rule.  This rule came into play when the regulation was revised in 2006.  However, the requirement to submit within 1 year was not retroactive.  In any case, the applicant presents two claims for relief: one, he did not have a personality disorder; and two, Army regulations prohibited discharge for personality disorder. 

4.  Counsel provides:

* DD Form 214
* Certificate of achievement 
* Two Army Achievement Medal certificates
* Certificate of training
* Separation orders
* Army National Guard (ARNG) DD Form 4 (Enlistment/Reenlistment Document)
* Certificate of Enlistment
* Certificate of physical fitness excellence
* Post-service Award of the Florida Active State Duty Ribbon
* DA Form 1059 (Service School Academic Evaluation Report)
* State Award of the Blue Adjutant General's Award for Physical Fitness
* Certificate for award of the Expert Infantryman Badge
* DA Form 2-1 (Personnel Qualification Record)
* ARNG discharge orders
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* Character reference letter
* Newspaper articles
* Registered Nurse license verification 
* 2013 psychological evaluation
* Several internet articles about various disorders

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC98-11332, on 19 November 1998.

2.  The applicant does not meet the two-tiered criteria for reconsideration (regarding the narrative reason for separation) in that his request was not received within one year of the original Board's decision.  However, he raises two new issues (Separation Code and RE Code) that are directly related to the narrative reason for separation.  Therefore, his request will be considered as an exception to policy. 

3.  The applicant's available records show he enlisted in the Regular Army on 20 September 1991 and he held military occupational specialty 11B (Infantryman). 
4.  He initially served with the 24th Signal Battalion, Fort Stewart, GA, as a wheel vehicle mechanic from March 1992 to December 1993.  He appears to have been assigned to Company A, 4th Battalion, 9th Infantry Regiment, Fort Wainwright, AK, in or around June 1994.   

5.  He was promoted through the ranks to specialist (SPC)/E-4 on 1 March 1993 and he was awarded or authorized the Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar. 

6.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, his available records contain:  

	a.  Orders 246-209, issued by Detachment 1, 203rd Personnel Service Battalion, Fort Wainwright, AK on 29 November 1994, ordering his reassignment to the U.S. Army Transition Point for separation outprocessing, effective 8 December 1994.

	b.  A duly-constituted DD Form 214 that shows he was honorably discharged on 8 December 1994 under the provisions of chapter 5-13 of Army Regulation 635-200 by reason of "Personality Disorder."  He completed 3 years, 2 months, and 19 days of creditable active service.  Additionally, this form shows in items 26 and 27 the entries "LFX" and "RE-3" respectively. 

7.  On 14 November 1997, the Army Discharge Review Board (ADRB) reviewed his discharge but found it proper and equitable.  Accordingly, the ADRB unanimously denied his petition for a change to the reason for separation. 

8.  On 5 June 1999, the ABCMR considered his petition for a change to the narrative reason for separation but found no basis to grant him relief.  Accordingly, the ABCMR unanimously denied his petition for a change to the reason for separation.

9.  Subsequent to his discharge from active duty, the applicant enlisted in the FLARNG for 4 years.  While in the ARNG, he received multiple state awards, completed various training courses, and he was promoted to E-5.  He was honorably discharged from the ARNG on 20 May 1999.   

10.  Counsel provides multiple internet articles about various disorders, photographs, a reference letter, and other newspaper articles.  He also provides a post-service psychological evaluation report dated 12 August 2013 that shows a licensed neuropsychologist opined that the applicant did not have nor did he ever suffer from a personality disorder. 
11.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 at the time stated a Soldier could be separated for personality disorder (as determined by medical authority), not amounting to disability under Army Regulation 635-40, that interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  Commanders would not take action prescribed in this paragraph in lieu of disciplinary action.  The diagnosis must have concluded that the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired.  

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  SPD code "LFX" was the correct code for Soldiers separating under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder. 

13.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This 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 "LFX" has a corresponding RE code "3."

14.  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 U.S. Army Reserve.  It states 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 includes 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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record is void of the complete 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 8 December 1994 under the provisions of chapter 5-13 of Army Regulation 635-200 by reason of a personality disorder.  

2.  In the absence of evidence to the contrary, it must be presumed that he underwent a mental status evaluation by competent military medical personnel that determined he was diagnosed with a personality disorder that affected his ability to function effectively in a military environment.  Accordingly, his chain of command initiated separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200. 

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.  In view of the circumstances in this case, there is insufficient evidence to grant the requested relief.  The applicant has not shown error, injustice, or inequity for the relief he requests.  

5.  His separation code and corresponding RE code were assigned based on his discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 due to a personality disorder.  Absent the personality disorder, there was no fundamental reason to process him for discharge.  The underlying reason for his discharge was his personality disorder.  The only narrative reason associated with this type of discharge is "Personality Disorder" and the appropriate Separation and RE codes associated with this type of discharge are "LFX" and RE-3 which are correctly shown on his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  As for the narrative reason for separation, 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 to amend the decision of the ABCMR set forth in Docket Number AC98-11332, dated 19 November 1998. 

2.  As for the Separation Code and the RE Code, 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)                                         AR20130022144



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ABCMR Record of Proceedings (cont)                                         AR20130022144



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