IN THE CASE OF:	   

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004079 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a different, unspecified narrative reason for separation.

2.  The applicant states:

   a.  He was an outstanding Soldier.  He was selected during basic combat training to be a member of the Old Guard, the 3rd U.S. Infantry Regiment.  His physical fitness was always in the higher percentile and he loved the Army.  He was fast-tracked through promotions and he was selected for a time to join the Army Drill Team.  He obtained a Presidential security detail clearance for Presidential details; he has escorted Presidents Clinton and Bush.  He served honorably at Arlington National Cemetery with the escort, casket, and firing platoons.  He qualified as an expert and became a team leader.  He was proud to be a Soldier; however, he abused alcohol.

   b.  In the immediate aftermath of 11 September 2001, his unit was attached to the Pentagon for Operation Noble Eagle.  They dug out bodies and obtained classified information.  He was also going through a divorce at this time, and during his down time he drank a lot, which caused alcohol-induced depression.  He did not desire to live and he reported the desires to take his life; however, there was never an attempt.  He was evaluated at the Walter Reed Army Medical Center and was diagnosed with alcohol-induced depression.

   c.  Upon returning to his unit, his executive officer (XO), who happened to be his former platoon leader, asked him personally if he wanted to go home.  He said yes, and he was expedited out of the Army.  The XO advised him that he would be able to reenlist after 1 year and that opportunity sounded good; however, after his discharge he learned that information was all wrong.  He recognized he had a reentry code (RE Code) "4," so he successfully petitioned the Board for an upgrade.  The Board corrected his RE Code.

   d.  Recently, he learned that personality disorders are defined as a preexisting condition, which he never had or currently has.  He also understands this to be a condition warranting discharge in a Soldier's first year.  He never had a personality disorder.  He believes his XO, moved by compassion, just tried to help him; however, the best thing would have been to send him to treatment for alcohol rehabilitation.  
   
   e.  He is petitioning the Board for removal of the narrative reason currently cited in item 28 and replacement with a general reason.  Since his discharge he has earned his Bachelor's degree and he is working on his Master's degree.  He has been employed for 2 years as a city carrier for the U.S. Postal Service.  

3.  The applicant provides copies of his Bachelor of Science diploma and list of references.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 29 July 1998.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (infantryman).  He reenlisted in the Regular Army on 21 September 2001.

3.  The complete facts and circumstances surrounding his discharge are not available for review with this case; however, his records contain a DD Form 214 that shows on 5 September 2002, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted 
Separations), paragraph 5-13, after completing 4 years, 1 month, and 7 days of net active service.  His DD Form 214 lists in:

* Item 25 (Separation Authority) – Army Regulation 635-200, paragraph     5-13
* Item 26 (Separation Code) – "JFX"
* Item 28 - "Personality Disorder"

4.  On 16 October 2008, in response to his request for correction of his RE Code, the ABCMR concluded his DD Form 214 listed an incorrect RE Code and upgraded the RE Code on his DD Form 214 to "3."

5.  He provided a copy his diploma that shows he was awarded a Bachelor of Science in Religion on 26 March 2012.  He also provided a list of references.

6.  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.  

7.  Army Regulation 635-200, effective 10 February 2009, was changed to state - a Soldier with less than 24 months of active duty service, as of the date separation proceedings are initiated, would be separated for personality disorder (not amounting to disability under Army Regulation 635-40 that interfered with assignment or with performance of duty.  Paragraph 5-17 would be used to separate a Soldier because of personality disorder when they have 24 months or more of active duty service.

8.  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.  Chapter 2 provides an item by item description of the DD Form 214 and showed in: 
	a.  Item 26 - the correct entry is obtained from Army Regulation 635-5-1 (Separation Program Designator (SPD)) which provides the corresponding separation program designator code for the regulatory authority and reason for separation.  

	b.  Item 28 - this entry is based on the regulatory or other authority and can be checked against the cross reference in Army Regulation.  The narrative reason for separation is based on the regulatory, statutory, or other authority.  It includes a variety of reasons such as misconduct, disability, unfitness, unsuitability, court-martial, completion of required service, pregnancy, hardship, in lieu of trial by court-martial, non-selection for promotion, etc.  

9.  Army Regulation 635-5-1 (SPD Codes) states SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  SPD code "JFX" was the correct code for enlisted Soldiers separating under the provisions of paragraph Army Regulation 635-200, paragraph 5-13, by reason of "Personality Disorder."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and supporting documents were carefully considered; however, his record is void of the facts and circumstances which led to his discharge.  

2.  It appears during his period of service he was assessed and diagnosed with a personality disorder and his company commander initiated separation action.  The separation authority approved the recommendation and he was discharged on 5 September 2002.

3.  Contrary to his assertions, separation processing would have allowed him to acknowledge the proposed separation action, consults with counsel, and elect to submit a statement in his own behalf.  Therefore, it was clear he would have understood the reason for his discharge and the type of discharge he would be issued.

4.  It appears the change he refers to was not effective until February 2009.

5.  Without evidence to the contrary, his administrative separation appears to have been accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The reason for separation appears to be appropriate considering all of the facts of the case.

6.  He has not shown that the narrative reason for separation on his DD Form 214 is incorrect or unjust; 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 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)                                         AR20140004079



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ABCMR Record of Proceedings (cont)                                         AR20140004079



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