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ARMY | DRB | CY2014 | AR20140014562
Original file (AR20140014562.txt) Auto-classification: Denied

1.	APPLICANT’S NAME:      

	a.	Application Date:  5 August 2014

	b.	Date Received:      13 August 2014

	c.	Counsel:                None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests a change to the narrative reason for separation to include the reenlist eligibility (RE) code.  The applicant states, in effect, he has difficulties finding employment due to the narrative reason on his DD Form 214.  He attempted to reenlist in the military and was denied due to his reentry code; he was not told nor was he aware his reason code which in the civilian sector indicates psychological or mental condition.  He was forced to take psych meds he did not need and was not in the proper mental state when he signed his DD Form 214.  In a record review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Personality Disorder/AR 635-200/Chapter 5, Paragraph 5-13/LFX/RE-3/Honorable

	b.	Date of Discharge:  11 April 2001

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  5 March 2001

		(2)	Basis for Separation:  The applicant was informed of the following reason for his discharge; being diagnosed with a borderline personality disorder and an adjustment disorder with depressed mood, and the severity of his condition significantly impairs his capacity to adapt to and function in a military environment.

		(3)	Recommended Characterization:  Honorable Discharge

		(4)	Legal Consultation Date:  6 March 2001

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  21 March 2001/Honorable Discharge

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  2 September 1999/3 years

	b.	Age at Enlistment/Education/GT Score:  19 years/HS Graduate/94

	c.	Highest Grade Achieved/MOS/Total Service:  PFC/E-3/63B10, Light Wheel Vehicle Mechanic/1 year, 7 months and 10 days

	d.	Prior Service/Characterizations:  None
  
	e.	Overseas Service/Combat Service:  None
  
	f.	Awards and Decorations:  ASR
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  None
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  Online application (six pages) and two DD Forms 214.

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant stated in his application he completed his BA degree in Criminal Justice Administration.

7.	REGULATORY CITATION(S):  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.  Army policy requires the award of a fully honorable discharge in such case.  

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.

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 "LFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-13, for a personality disorder.

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






8.	DISCUSSION OF ISSUE(S):  The applicant requests a change to the narrative reason for separation to include the RE code.  The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed.  

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 "LFX" 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.

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

The applicant seeking relief contends, he has difficulties getting employment due to the narrative reason on his DD Form 214.  He was forced to take psych meds he did not need and was not in the proper mental state when he signed his DD Form 214.  He attempted to reenlist and was denied due to his RE code.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

The applicant further contends, he was forced to take psych meds he did not need and was not in the proper mental state when he signed his DD Form 214.  The applicant bears the burden of presenting substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention he was forced to take psych medication and was not in the proper mental state when he signed his DD Form 214.

The applicant additionally contends he attempted to reenlist and was denied due to his RE code.  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 is no basis 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.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.












9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  			No

	b.	Change Characterization to:  		No Change

	c.	Change Reason to:  				No Change

	d.	SPD/RE Code Change to:  			No Change

	e.	Restoration to Grade:  			NA


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board
























Legend:
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  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140014562

1

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