MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 December 2001                  
	DOCKET NUMBER:   AR2001062103

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of item 25 (Separation Authority), 
item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and correction of item 27 (Reentry Code) to show a more favorable reenlistment (RE) code.

APPLICANT STATES:  That his discharge was improperly handled and, in effect, that improper conclusions were made.  In support of his application, he submits a supplemental letter, two DD Forms 214, discharge orders, OSA Form 172 (Case Report and Directive) and a letter from the Army Discharge Review Board.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 23 February 1976 for a period of three years and completed basic and advanced individual training at Fort Sill, Oklahoma.  He continued to serve through a series of reenlistments and completed overseas assignments in Germany and Korea.  He was advanced to sergeant in January 1987.

On 4 February 1991, the applicant underwent a psychiatric examination and was diagnosed as having a personality disorder with schizotypal and paranoid traits.

On 7 February 1991, the unit commander notified the applicant of pending separation action under the provisions of Army Regulation 635-200, 
paragraph 5-13, by reason of personality disorder.  The applicant consulted legal counsel, waived a hearing by a board of officers, and did not submit a statement in his own behalf. 

The separation authority approved the separation action on 15 February 1991 and directed that the applicant be issued an honorable discharge.  Accordingly, the applicant was discharged on 22 February 1991 under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder with an honorable discharge.  He served 4 years, 1 month and 18 days on his current enlistment and 15 years total active military service.  The applicant’s DD Form 214 shows his separation code as “JFX” (Personality Disorder) and his RE code as “RE-3”.  

On 3 April 1996, the Army Discharge Review Board changed the applicant’s reason and authority of his discharge to Army Regulation 635-200, Chapter 5, Section II, Directed by the Secretary of the Army.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes 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 soldiers ability to perform duty.  The regulation also directs that commanders will not take action prescribed in Chapter 5 in lieu of disciplinary action.  The service of a soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III.  

Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator “JFF” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Secretarial Authority” and that the authority for discharge under this separation program designator is “AR 635-200, Chapter 5, Section II”.

Pertinent Army regulations provide 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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  The regulation states that RE–3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant’s contention that his discharge was improperly handled.  However, the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The Army Discharge Review Board changed the applicant’s reason and authority of his discharge to Army Regulation 635-200, Chapter 5, Section II, Directed by the Secretary of the Army on 3 April 1996.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the separation code and reenlistment code issued to him were in error or unjust.  

4.  There is no basis for removal of the reenlistment code from the applicant's record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes. 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JL______  MKP_____  ENA_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001062103	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011204	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910222	
DISCHARGE AUTHORITY	AR635-200,chapter 5	
DISCHARGE REASON	Secretarial Authority	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.	100.0300	
3.		
4.		
5.		
6.