MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           18 September 2001
	DOCKET NUMBER:   AR2001058216

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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:  That her separation code be changed to permit her to reenlist.  In effect, she is requesting that her reason for separation be changed.

APPLICANT STATES:  That she did not have a behavioral disorder; that she did not fail to meet minimum standards for behavior and performance; that she had personal difficulties caused by being one half of a military couple.

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

She enlisted in the Regular Army for 4 years on 5 January 1995.  Following basic and advanced training at Fort Jackson, South Carolina, she was awarded military occupational specialty (MOS) 71L, Administrative Specialist, and transferred to Germany along with her soldier-husband.  She arrived in Germany on/about 18 May 1995.

Shortly after being assigned to a unit in Germany, the applicant began to hear about possible deployment to Bosnia.  She told her chain of command that she
" . . . would rather commit suicide than go to Bosnia."  She was counseled and informed that she could be separated from the Army under the provisions of chapter 5, Army Regulation 635-200, for a personality disorder if she persisted in making such statements.  She was referred to the Heidleburg Medical Center for physical and mental evaluations.

The applicant was given medical and mental evaluations on 2 December 1995.  She was found to be physically and mentally qualified for duty; there was no evidence of psychiatric illness, but she had a personality disorder with borderline dependant features.  She was assessed as a low suicide risk, but it was felt that she could make a suicide gesture to avoid deployment.  She was found to be unsuitable for continued service.

On 26 December 1995, the applicant was notified that she was being separated under the provisions of chapter 5, paragraph 5-13, Army Regulation 635-200.  She was advised of her rights and consulted with legal counsel.  She indicated that she was not suited for the Army and felt that separation would be in the best interest of the Army.  The separation action was approved on 4 January 1996.  She requested separation in Germany because her husband was also assigned there.

On 12 January 1996, the applicant was separated in Hanau, Germany with an Honorable Discharge under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of a personality disorder.  She was assigned a separation code of "JFX" and an RE code of RE-3, not eligible to reenlist without a waiver.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a change in the reason for her discharge and her RE code.  The ADRB, after considering her case on 5 September 2001, denied her request for a change in reason while stating that the board did not have the authority to change her RE code.

Army Regulation 635-200 sets forth 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) that interferes with assignment or with performance of duty.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, prescribes the specific authorities (regulatory or other directives), reasons for separating soldiers from active duty, and the SPD codes to be entered on the 
DD Form 214, Certificate of Release or Discharge From Active Duty.  The correct SPD code for soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200 is "JFX."

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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons, including those who have been diagnosed with personality disorders, are assigned RE-3 codes.

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.  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.

2.  The applicant was joint domiciled with her soldier-husband; the Army was accommodating her marriage to a fellow soldier.  Faced with the possibility of deployment to Bosnia, the applicant, a Regular Army soldier, balked and began insisting that she would commit suicide rather than obey orders.  When counseled that she could be separated under the provisions of paragraph 5-13, Army Regulation 635-200, she stated that that course of action would be best for all concerned.
3.  The applicant’s discharge proceedings were conducted in accordance with applicable law and regulations.  She was properly evaluated by competent medical authority and found to be suffering from a personality disorder, not amounting to a disability.  Her narrative reason for separation, her SPD code, and her assigned RE code are correct; there is no error or injustice.

4.  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

__JHL___  ___MHM   __LAH __  DENY APPLICATION

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

INDEX

CASE ID	AR2001058216	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.