IN THE CASE OF:  

		BOARD DATE: 27 August 2015 

		DOCKET NUMBER:  AR20150001527


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 his reentry eligibility (RE) code of 3 (RE-3) be changed to RE-1.

2.  The applicant states:

   a.  The reasoning is unjust due to the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, Text Revision (DSM-IV-TR) showing depression as a mood disorder and not a personality disorder. 
   
	b.  He never had anything discussed with him about a personality disorder as labeled in the DSM-IV-TR.  He talked about some mild stress response syndrome which led to some depression.  

   c.  He was slightly depressed, but he did not want to get out due to that nor should he have.  He was dealing with a lot of life issues at the time, and while he understands he acted immaturely he also knows that he was not depressed enough to undergo care any longer.
   
   d.  Since that time he has not had care or needed care, and he can provide ample proof of his mental fortitude.  Based on discussions with other counselors he believes that he had a single episode issue.  He would be happy to have this evaluated by a mental health professional if needed.


3.  The applicant provides copies of:

   a.  An article entitled What's the Difference Between a Personality Disorder and a Mood Disorder; and
   
b.  A report entitled Inner City Children of Trauma: Urban Violence Traumatic
Stress Response Syndrome (U-VTS) and Therapists' Responses.

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 Utah Army National Guard (UTARNG) on 
13 November 1999.  

3.  He received a general discharge from the UTARNG on 23 April 2001 and was transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement).

4.  He was voluntarily released from the USAR Control Group (Reinforcement) on 28 August 2002 and assigned to the 786th Quartermaster Company, West Provo, Utah.

5.  He was ordered to active duty with his unit on 10 February 2003.

6.  The applicant's discharge processing documentation is not available for review.  His DD Form 214 Worksheet shows he was honorably discharged on 
25 February 2004 under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.  He had completed 1 year and 16 days of total active duty service.  He was assigned a separation code of "JFX" and an RE code of "3."

7.  There is no record showing he applied to the Army Discharge Review Board for a change to his discharge.  
8.  Army Regulation 635-200 sets forth 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.  

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces RE codes including RA RE codes. RE-3 applies to persons separated with a waivable disqualification.  

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific 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 Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b.  The SPD/RE Code Cross Reference Table stipulates that an RE code of 3 will be assigned to members separated under these provisions with an SPD code of "JFX."

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  Paragraph 2-9 states the ABCMR begins consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The specific facts and circumstances surrounding his discharge are not available for review.  Notwithstanding the absence of an actual DD Form 214, his DD Form 214 Worksheet shows he was honorably discharged for personality disorder.

2.  His contention about the diagnostic criteria applied to his case does not demonstrate that the conclusion was wrong.

3.  The applicant provided no explanation as to how the article on Inner City Children relates to his case.

4.  He did not provide evidence sufficient to support changing his RE code.  

5.  In the absence of evidence to the contrary, the discharge process must be presumed to have been in accordance with applicable law and regulations.

6.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE code of 3.  

7.  The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter the military, he should contact a local recruiter who can best advise him of the requirements for returning to military service and of the needs of the military at this time.  They are also responsible for processing enlistment waivers.

8.  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:

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)                                         AR20110025102



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ABCMR Record of Proceedings (cont)                                         AR20150001527



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