IN THE CASE OF:	  

		BOARD DATE:	  6 January 2015

		DOCKET NUMBER:  AR20140007584 


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 the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 24 (Character of Service) from uncharacterized to general.

2.  The applicant states:

* he was hospitalized for depression and suicidal attempts due to challenges to comprehend training
* he informed the unit first sergeant that something was wrong and requested help but he was not provided with the help
* he was segregated from others and this was followed by harassment by other members encouraged by the first sergeant
* after his discharge from the service, he received treatment and attended college
* he had met the enlistment criteria to be able to enlist into the military and due to the unfortunate circumstances, he was discharged with an uncharacterized discharge 

3.  The applicant does not provide any evidence. 

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 on 27 March 1998.  He was assigned to Fort Benning, GA, for completion of basic combat and advanced individual training.  He did not complete training and he was not awarded a military occupational specialty.

3.  In May 1998, he underwent a mental status evaluation that appears to have resulted in a diagnosis of personality disorder. 

4.  On 21 May 1998, 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 (Enlisted Personnel Separations) because of a personality disorder.  He stated that the applicant had been diagnosed with a deeply ingrained, maladaptive pattern of behavior of long duration that interfered with his ability to effectively function in the military. 

5.  On 27 May 1998, 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.  He elected not to submit a statement 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.  His intermediate commander recommended approval. 

7.  On 28 May 1998, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder and directed the applicant be issued an entry level separation (uncharacterized). 

8.  On 27 March 1998, the applicant was discharged accordingly.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13 with an uncharacterized discharge.  He completed 2 months and 22 days of creditable active service.  Item 26 (Separation Code) shows the entry "JFX."

9.  There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. 

10.  Army Regulation 635-200 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.  Chapter 3 of this regulation describes the different types of characterization of service.

	a.  An uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

	b.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  A general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

11.  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 SPD code of "JFX" is the correct code for members separating under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record indicates the applicant was diagnosed with a personality disorder presumably by competent military medical authorities during training.  Accordingly, his immediate commander initiated separation action against him.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his military service at that time.

2.  By regulation, a separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  In the applicant's case, his separation processing was initiated while he was in an entry-level status.  He entered active service on 27 March 1998 and he was discharged 2 months and 22 days later on 18 June 1998. 

3.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and it is approved by the Secretary of the Army.  A general discharge is not authorized.

4.  An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

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)                                         AR20140007584



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ABCMR Record of Proceedings (cont)                                         AR20140007584



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