IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150002127 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150002127 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150002127 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 the character and narrative reason shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. 2. The applicant states he had severe family problems at that time. His sister was diagnosed with lupus and he was her only surviving family member. He was required to be with her on several occasions and he was going through a divorce himself. The Military Records Review Board suggested he request the character of his discharge be changed to honorable and the narrative reason changed to "stress." 3. The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 9 January 2015. 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 on 17 November 1999. He did not complete training and he was not awarded a military occupational specialty. 3. On 14 April 2000, the applicant underwent a mental status evaluation in which the evaluator (a Licensed Clinical Psychologist) indicated the applicant had a personality disorder with antisocial and borderline features. He was cleared for any administrative actions deemed appropriate by his command. 4. On 8 May 2000, the applicant's immediate commander notified the applicant that she was initiating his separation action under the provisions of paragraph 5-13, Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) because of a personality disorder, with antisocial and borderline features. On the same date, the applicant acknowledged receipt of the notification of separation action. 5. On 9 May 2000, the applicant waived legal counsel and he elected not to submit a statement in his own behalf. 6. His intermediate commander recommended approval. 7. The separation authority approved the applicant's separation and directed he be issued an entry level separation (uncharacterized). 8. On 25 May 2000, the applicant was discharged accordingly. His DD Form 214 shows his characterization of service as uncharacterized. He had completed 6 months and 9 days of creditable active service. Item 26 (Separation Code) shows the entry "JFX." 9. On 28 May 2004, the Army Discharge Review Board denied his request for change in his discharge. REFERENCES: 1. Army Regulation 635-200 prescribes the policy for the administrative separation of enlisted personnel. Paragraph 5-13 provides for separating members by reason of personality disorder (not amounting to disability) that interferes with assignment or with performance of duty. The diagnosis must be made by a physician trained in psychiatry or a license clinical psychologist. 2. Chapter 3 of this regulation describes the different types of characterization of service: a. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that an honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty. The SPD code of "JFX" is the correct code for members separating under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder. DISCUSSION: 1. The evidence shows the applicant was diagnosed with a personality disorder by competent military medical authority. Accordingly, his immediate commander initiated separation action against him during the first 180 days of his active duty service. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the applicant’s discharge accurately reflects his military service at that time. 2. By regulation, a separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that an honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. In the applicant's case, his separation processing was initiated while he was in an entry-level status. 3. An uncharacterized discharge is neither positive nor negative; it is not "derogatory." It simply means the Soldier did not serve long enough to qualify for a specified characterization of service. 4. There is no evidence to substantiate the applicant's assertion that a "Military Records Review Board" suggested he request the character of his discharge be changed to honorable and the narrative reason changed to "stress." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150002127 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150002127 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2