IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150010463 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150010463 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: 2 June 2016 DOCKET NUMBER: AR20150010463 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: * a change of his Reentry (RE) Code from "3" to "1" * a change of his narrative reason for separation from "Personality Disorder" to "Medical Condition" 2. The applicant states, in effect, he was advised his RE code and narrative reason for separation would not be permanent; therefore, he was not fully informed of the consequences. At the time, he was not afforded due process or the options he had. He should have a code and narrative reason that reflect that he had a completely different medical condition. The listing of "Personality Disorder" on his discharge document infringes on his medical condition. 3. The applicant provides no additional evidence. 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 the cases 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. 2. He enlisted in the Regular Army on 7 March 1996 and he held military occupational specialty 51B (carpentry/masonry specialist). He was promoted to pay grade E-2 on 7 September 1996. He was assigned to Germany 18 July 1996. 3. On 12 February 1997, he underwent a mental status evaluation based on his attempted suicide. The examining psychiatrist diagnosed him with an occupational problem and adjustment disorder. The examining psychiatrist stated the applicant met the retention standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, and that there was no psychiatric disease or defect that warranted disposition through medical channels. The conditions and problems presented by the applicant were not, in his opinion, amenable to hospitalization, disciplinary action, training, or reclassification to another type of duty within the military. He recommended the applicant be considered for any administrative action deemed appropriate by the command, to include separation from military service. 4. On 1 April 1997, the applicant’s company commander initiated action against the applicant to separate him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for a Personality Disorder, with an honorable discharge. He stated the reasons for the recommended action were the applicant's diagnoses of a character and behavior disorder. The extent of disorder was so severe that the applicant's ability to function effectively in a military environment was significantly impaired. He advised the applicant of his rights. 5. On 1 April 1997, a Staff Judge Advocate found the subject chapter legally sufficient. 6. On 1 April 1997, the applicant acknowledged receipt of the proposed separation for a personality disorder under chapter 5 and its effect. On 3 April 1997, after consulting with counsel, he waived his rights and elected not to submit a statement in his own behalf. He also acknowledged that he had up until the date the separation authority ordered, directed, or approved his discharge to withdrawn his waiver of all the foregoing rights. He further acknowledged that he was not eligible to apply for enlistment in the Army for a period of 2 years after discharge and he had retained a copy of the acknowledgement. 7. On 3 April 1997, the applicant's battalion commander recommended the applicant's discharge and a waiver of the rehabilitation transfer requirements. 8. On 5 April 1997, the separation authority approved the applicant’s chapter 5 discharge for a personality disorder and directed the issuance of a separation program designator (SPD) code of "JFX." He waived the rehabilitation transfer requirements and stated rehabilitation would not produce a quality Soldier. 9. He was discharged accordingly in pay grade E-2 on 15 April 1997. He was credited with completing 1 year, 1 month, and 9 days of net active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists in: * Item 26 (Separation Code) – "JFX" * Item 27 (RE Code) – "3" * Item 28 (Narrative Reason for Separation) – "Personality Disorder" 10. On 30 July 1999, the Army Discharge Review Board denied his request for a change in the character and/or reason for his discharge. The board determined that he had been properly and equitably discharged. REFERENCES: 1. Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. Paragraph 5-13 stated a Soldier could be separated for personality disorders that interfere with assignment to or performance of duty. A personality disorder diagnosis must have been established by a physician trained in psychiatry and psychiatric diagnosis. Separation because of a personality disorder was authorized only if the diagnosis concluded that the disorder was so severe that the Soldier's ability to function effectively in the military environment was significantly impaired. 2. Army Regulation 635-200, paragraph 5-17, currently in effect, provides for the separation of Soldiers who have a physical or mental condition that potentially interferes with assignment to or performance of duty; however, the physical or mental condition does not amount to a disability or qualify for disability processing under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). Paragraph 5-17 was not in effect at the time of the applicant’s discharge. 3. Army Regulation 635-40, in effect at the time, set forth policies, responsibilities, and procedures that apply in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. 4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the RA and Army Reserve. The regulation provided that prior to discharge or release from active duty individual would be assigned RE codes based on their service records or the reason for discharge. Chapter 3 included a list of Armed Forces RE codes, including the following RA RE codes: * RE-1 – applied to persons qualified for enlistment if all other criteria are met * RE-3 – applied to persons not considered fully qualified for reentry or continuous Service at time of separation, but disqualification was waivable 5. Army Regulation 635-1 (SPD Code), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), and reasons for separation of members from active duty, and the SPD codes to entered on the DD Form 214. The SPD of "JFX" as shown on his DD Form 214 was appropriate when the narrative reason for involuntary discharge was "Personality Disorder” and the authority for discharge was Army Regulation 635-200, paragraph 5-13. The SPD/RE Code Cross Reference Table, in effect at the time, provided instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause. It showed the SPD codes with their corresponding RE codes. The SPD code of "JFX” had a corresponding RE code of "3." DISCUSSION: 1. The applicant was diagnosed with an occupational problem and adjustment disorder not amendable to hospitalization, disciplinary action, training, or reclassification by competent medical authority. The military psychiatrist recommended an administrative separation. 2. The applicant's company commander initiated action to separate the applicant, under the provisions of Army Regulation 635-200, paragraph 5-13. After consulting with counsel, he acknowledged the proposed separation under chapter 5 and its effect. He also waived his rights and elected not to submit a statement in his own behalf. 3. His discharge was found to be legally sufficient. The separation authority approved his discharge for a personality disorder and directed that he be assigned an SPD code of "JFX." In accordance with regulations, the SPD of "JFX" was appropriate when the narrative reason for involuntary discharge was "Personality Disorder” and the authority for discharge was Army Regulation 635-200, paragraph 5-13. The SPD code of "JFX” had a corresponding RE code of "3." 4. There is no evidence of record and he provided none showing his diagnosis was inaccurate or unjust at the time of his discharge. He also provided no evidence he was not afforded due process at the time of his discharge. His administrative separation under the provisions of Army Regulation 635-200, paragraph 5-13, was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. He has not established a basis for changing his reason for discharge. 5. He was separated with a separation code of "JFX" and was assigned an RE code of "3" in accordance with the governing regulation. There is no evidence and he provided none showing his assigned RE code of "3" is in error or unjust. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010463 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010463 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2