BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140015834 


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, in effect, that her narrative reason for discharge be changed to a more favorable reason. 

2.  The applicant states, in effect, that she was discharged by reason of “personality disorder”; however, the Detroit Board of Veterans Appeals has determined she never had a personality disorder and that she suffers from post-traumatic stress disorder (PTSD) "with military sexual trauma."

3.  The applicant provides no additional documents with her application.

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 enlisted in the Regular Army (RA) on 27 December 1988 for a period of 4 years and training as a materiel storage and handling specialist.  She completed basic training at Fort Jackson, South Carolina and advanced individual training at Fort Lee, Virginia.  She was transferred to Fort Knox, Kentucky for her first duty assignment.

3.  On 12 September 1990, she was transferred to Fort Hood, Texas for assignment to the 21st Evacuation Hospital.

4.  On 25 September 1990, the applicant was referred by the command chaplain and underwent a psychiatric evaluation at the Community Mental Health Service where she was diagnosed as having:

* Axis I:  Adjustment Disorder with depressed mood
* Axis II:  Personality Disorder (not otherwise specified) with dependent and histrionic features
* Axis III:  No diagnosis history

5.  The examining psychiatrist opined that retention of the applicant would most likely result in progressive deterioration of her emotional state and the likelihood of her completing her term of enlistment was minimal to none.

6.  On 4 December 1990, 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, paragraph 5-13, due to her diagnosis of personality disorder.

7.  After consulting with counsel, the applicant elected not to submit a statement in her own behalf.

8.  On 19 December 1990, the appropriate authority approved the recommendation for discharge and directed that she be issued an Honorable Discharge Certificate.

9.  Accordingly, on 27 December 1990, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder.  She completed 2 years of net active service this period.  She was assigned a Separation Program Designator (SPD) code of JFX and a reentry (RE) code of 3.

10.  On 29 May 2015, the Director, Crime Records Center, U.S. Army Criminal Investigation Command, advised the Army Review Boards Agency that they had no files pertaining to the applicant.  
11.  Army Regulation 635-200 (Enlisted Separation Personnel) sets forth the policy for the separation of enlisted personnel.  Paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  The diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of a personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired.

12.  Army Regulation 635-5-1 (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 the 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 personality disorder.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFX.

13.  Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes:

	a.  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.

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was accomplished in accordance with the applicable laws and regulations with no indication of any violations of her rights.  It is presumed she was diagnosed by a competent military physician trained in psychiatric and psychiatric diagnosis.

2.  Accordingly, she was properly discharged and was assigned a narrative reason for separation and RE code based on the authority for her discharge.
3.  The applicant provided no documentation showing she is not currently diagnosed as having a personality disorder.  Additionally, there is no evidence in the available record to support her contention that she has been diagnosed with "PTSD with military sexual trauma."  If she has medical records that support this contention, she is invited to submit those records in support of a request for reconsideration.  

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20140015834



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ABCMR Record of Proceedings (cont)                                         AR20140015834



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