IN THE CASE OF:  	

      BOARD DATE:  	30 October 2013

      CASE NUMBER:  	AR20130005056
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to his narrative reason for discharge and reentry eligibility (RE) code. 

2.  The applicant states, in effect, that the separation code on his DD Form 214 is incorrect and should be changed to an appropriate code.  He contends the conditions of his discharge and quality of his service never indicated or required a narrative that reads psychiatric diagnosis.  His code should be changed to RE-1.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	8 March 2013
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	23 August 2002
	d.	Reason/Authority/SPD/RE Code:	Personality Disorder, Chapter 5, paragraph 5-13				AR 635-200, JFX, RE-3
	e.	Unit of assignment:	B Co, 2nd Bn, 2nd IN, Vilseck, APO AE
	f.	Current Enlistment Date/Term:	4 December 2001, 3 years
	g.	Current Enlistment Service:	0 years, 8 months, 20 days
	h.	Total Service:	6 years, 7 months, 2 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR-930805-940711/NA							RA-940712-951109/HD								USARCG-951110-970429/NA							RA-970430-990616/HD					    			    (Break-in-Service)
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	11B10, Infantryman
	m.	GT Score:	124
	n.	Education:	HS Graduate
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	AAM, ASR, NDSM-w/BSS
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	None
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:	

The applicant enlisted in the United States Army Reserve on 8 August 1993, for a period of     8 years.  On 11 July 1994, he was discharged from the delayed entry/enlistment program for enlistment in the Regular Army.  On 12 July 1994, the applicant enlisted in Regular Army, for a period of 4 years.  He was 17 years old at the time of entry and a high school graduate.  He was discharged from the Regular Army on 9 November 1995.  After serving in USARCG, a second period in the Regular Army from 30 April 1997 thru 16 June 1999, and a break-in-service; the applicant reenlisted in the Regular Army, on 4 December 2001, for a period of 3 years.  His record indicates he served in Germany during a prior period of service; was awarded several awards to include the AAM; and achieved the rank of SPC/E4.  He completed 6 years, 7 months, and 2 days of total military service.  The DD Form 214 under review indicates the applicant served a total of 8 years, 1 month, and 12 days of total military service, the available record is void of documentation to support this total.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  

2.  The DD Form 214 indicates that on 23 August 2002, the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, for personality disorder, with a characterization of service of honorable.  Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3.  

3.  On 20 August 2002, Orders 232-06, DA, USA Europe, Vilseck Transition Center, APO AE, discharged the applicant from the Regular Army, effective 23 August 2002.

4.  The applicant’s available service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 232-06, dated 20 August 2002.

2.  The applicant's available record does not contain any recorded actions under the UCMJ or counseling statements.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a copy of his military record which does not include his discharge packet.

POST-SERVICE ACTIVITY: 

None provided by the applicant.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered with assignment to or performance of duty.  The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform military duties.  The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired.

2.  Army policy requires the award of a fully honorable discharge in such case.  

3.  Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

4.  Army Regulation 635-5-1 (Separation Program Designator (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 identifies the SPD code of "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-13, personality disorder.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFX" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for the discharge and separation code on his DD Form 214 was carefully considered.  However, after a careful review of the military records during the period of enlistment under review, the issue and documents he submitted, there are insufficient mitigating factors to merit a change to the reason for the discharge or to the separation code.

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.  

3.  The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with a characterization of service of honorable.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant requests a change to the reason for his discharge and the separation code; however, the reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder,” and the separation code is "JFX."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason or codes to be entered under this regulation. 

5.  Furthermore, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  

6.  The applicant contends the conditions of his discharge and quality of his service never indicated or required a narrative that reads psychiatric diagnosis.  Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

7.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

8.  Therefore, based on the available evidence and the government presumption of regularity, it appears the narrative reason for discharge to include the RE code are both proper and equitable, thus recommend the Board deny relief.










SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	      Date: 30 October 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						NA






















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130005056



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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