IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012029 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: 23 August 2016 DOCKET NUMBER: AR20150012029 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: 23 August 2016 DOCKET NUMBER: AR20150012029 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by: * amending the reentry code listed in item 27 (Reentry (RE) Code) from a "3" to a "1" * in effect, removing the current narrative reason for separation 2. The applicant states, in effect: a. He was honorably discharged, on 14 August 2001, under the provisions of paragraph 5-13 (Separation because of Personality Disorder), Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel). His DD Form 214 shows an RE Code of "3" (enlist/reenlist with waiver) instead of "1" (no waiver required). He is trying to answer a calling to reenter the Army as a chaplain, but the RE-3 code is preventing him from doing so. b. When he left the Army, it was because of an inability to handle the social life associated with being a cavalry scout in Germany. He was uncomfortable with the heavy use of alcohol by his fellow Soldiers, as well as their frequent trips to the "red light" district. His command suggested he leave the Army rather than transfer to a new duty station or change his military occupational specialty (MOS), but he strongly disagreed. This was because he felt leaving was not the answer. (1) He wanted, instead, to help his fellow Soldiers. He was seeing good men, for whom he would have died, and who would have died for him, placing themselves in debilitating circumstances almost every night. (2) This reminded him all too well of his own life, prior to his enlistment [his parents suffered from alcoholism]. (3) He felt close to many of his fellow 3rd platoon Soldiers, despite the differences in their social lives. One of them, Staff Sergeant L, was literally a father figure and it was especially hard to see him drink to excess. c. His battalion chaplain helped him learn how to address what he saw, and what he could do to help. Most of the time it involved just being there for his comrades and displaying a genuine concern. Despite this, he began to feel growing concern about his inability to help. He told the chaplain he wanted either to transfer to a base where the social life was less boisterous, or change his MOS to that of chaplain's assistant, so that he could give more attention to stemming the cycles of abuse he observed. d. In time, however, the chaplain came to agree that it would be better for him to just get out of the Army, just as his commander and first sergeant (1SG) had been advocating. He finally accepted this idea as well and the separation process began. e. He believes his command used the RE-3 code in order to start the separation process, given the unique circumstances of his discharge cited above. He asserts his battalion commander would never have allowed him to be discharged had he known his separation action was based on his inability to handle the social life of a scout. An RE-3 code was, he contends, a much stronger reason to have him out-processed. f. At no time during the process was he given a psychiatric evaluation. Furthermore, he received neither an official statement of mental health nor a recommendation to seek psychiatric help after discharge. (1) He maintains these facts indicate his command acknowledged he really did not have a behavioral issue. His 1SG even sat him down and explained how he had earned an honorable discharge. His 1SG felt he had met the requirements of being a 19D (Cavalry Scout), even considering his difficulties. (2) Had any members of his chain of command known he would later be called to reenter the Army as a chaplain, he doubts they would have used the RE-3 code. The RE-3 code does not in any way reflect his personality, nor his ability to serve his country. g. The psychiatric evaluation done by Walter Reed Army Medical Center affirms he is able to handle all forms of Army active duty life. He further believes his acceptable behavior was demonstrated by how far he successfully moved through the chaplain candidate process. The process was halted only when a doctor, who never met him, saw the RE-3 code. 3. The applicant provides: * DD Form 214 for the period ending 14 August 2001 * Baltimore Military Entrance Processing Station (MEPS) Form 601-23-6 (Baltimore MEPS Request for Medical Consultation), dated 13 March 2015 * pages 2 and 3 of DD Form 2808 (Report of Medical Examination), apparently dated in 2015 * DD Form 2807-1 (Report of Medical History), dated 9 March 2015 * Clinical Record, dated 24 February 2015 * letter, dated 13 August 2014 * letter, dated 30 December 2014 * DA Form 3822 (Report of Mental Status Evaluation), dated 2 April 2015 * Psychological Evaluation Report, dated 10 October 2014 * U.S. Army Chaplain Corps, Senior Chaplain Interview, 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 2 May 2000. Following initial training, he was awarded MOS 19D. He was assigned to a unit in Germany. 3. The complete facts and circumstances surrounding his discharge action are not available for review with this case. However, his service records contain a DD Form 214 which shows he was honorably discharged on 14 August 2001 in accordance with paragraph 5-13 of AR 635-200. The separation code (SPD) is JFX, the RE code is "3," and the narrative reason for separation is personality disorder. 4. The applicant provides: a. A Letter of support from the General Board of Higher Education and Ministry, Division of Ordained Ministry, United Methodist Endorsing Agency, dated 13 August 2014, addressed to the Office of the Chief of Chaplains, that is essentially endorsing the applicant and expressing a willingness to grant approval for him to participate in the Army Chaplain Candidate Program. b. Psychological Evaluation Report, dated 10 October 2014, completed by a licensed psychologist and professional counselor, Marshall University, addressed to the Annual Conference Candidacy Registrar. (1) This evaluation was required for candidates for clergy careers in the United Methodist Church. (2) The assessment instruments used were the Minnesota Multiphasic Personality Inventory - II (MMPI - 2), 16 Personality Factors (5th Edition), Incomplete Sentences, and Letters of Recommendation. (3) The report was generally positive, and recommended the applicant take seminary courses, improve his self-confidence, and work on developing trust in others, while maintaining a healthy skepticism. c. A Letter of support from The United Ministry Church, West Virginia Conference, Wesleyan District, dated 30 December 2014, apparently addressed to the applicant, states, in effect, his request for certified candidate status was granted, dependent on a satisfactory psychological evaluation and criminal background check. d. U.S. Army Chaplain Corps, Senior Chaplain Interview, dated 9 January 2015, gave a generally positive recommendation, stating the applicant displayed great potential for ministry in the Army Chaplaincy and was highly recommended for accession by the next board. e. Clinical Record, dated 24 February 2015, from the office of the U.S. Army Recruiting Command Surgeon, showing the approval of the request for medical waiver. f. DA Form 3822, dated 2 April 2015, completed by a psychology intern and a licensed psychologist, that stated, in effect: * from a behavioral health standpoint, the applicant was deemed fit for full duty * cognition, behavior, perceptions, impulsivity, and dangerousness were all within normal limits * he was psychologically stable and without symptoms at the time of evaluation; there was no evidence of a past or current psychiatric diagnosis * no Axis I or Axis II diagnoses were provided * he was considered psychologically fit for enlistment REFERENCES: 1. AR 635-200, in effect at the time, prescribed policy and procedures for active duty enlisted separations. a. Paragraph 5-13 provided guidance for separations for personality disorders which did not amount to disability, when the behavior interfered with assignment or performance of duty. (1) A personality disorder is a deeply ingrained, maladaptive pattern of behavior of a long duration that interferes with the Soldier's ability to perform duty. (2) The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the Department of Defense components. It is described in the Diagnostic and Statistical Manual (DSM-IV) of Mental Disorders, 4th edition. (Until a change was made in 2009 wherein the diagnosis had to be confirmed by The Office of the Surgeon General for the Army, only one diagnosis was needed to support separation. The 2009 change applied only to Soldiers who were deployed and were within the first 24 months of active duty service). (3) Separation under this provision is authorized only if the diagnosis concludes the disorder is so severe, the Soldier's ability to function effectively in the military environment is significantly impaired. (4) Separation is not appropriate when it is warranted under other chapters of the regulation. Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning deficiencies, and has been afforded ample opportunity to overcome those deficiencies, as reflected in appropriate counseling or personnel records. (5) When it has been determined that separation under this paragraph is appropriate, the unit commander will take the actions specified in the notification procedure outlined in chapter 2, section I. (6) The service of a Soldier separated under this provision will be characterized as honorable, unless the Soldier is in an entry-level status, or has been convicted by a general court-martial, or by more than one special court-martial. 2. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 includes a list of the Regular Army RE codes: * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted 3. AR 635-5-1 (Personnel Separations - SPD), defines the separation codes used on the DD Form 214. The regulation shows SPD code "JFX" is associated with paragraph 5-13, AR 635-200, and the narrative reason of personality disorder. 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. This cross reference table shows SPD code "JFX" corresponds to RE code "3." 5. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requests his RE code be changed from "3" to "1" so he can reenter the Army. He also requests, in effect, the removal of the narrative reason for separation currently reflected on his DD Form 214. 2. With regard to amending the RE code and narrative reason for separation: a. AR 635-5-1 states the narrative reason to be listed on the DD Form 214 is personality disorder when the Soldier is discharged under the authority of paragraph 5-13, AR 635-200. b. This regulation also lists the associated SPD code as "JFX." c. The SPD/RE Code Cross Reference Table states an RE code of "3" is to be entered on the DD Form 214 when the SPD code is "JFX." 3. His discharge packet is not available for review and, as such, it is not possible to verify whether the applicant's separation action, to include required psychological/psychiatric evaluations, was done properly. a. The Board, however, begins its consideration of each case by assuming administrative regularity. In essence, this means, barring evidence to the contrary, the Board presumes all aspects of his administrative separation were completed in accordance with the regulations in effect at the time, and that his rights were fully protected throughout the process. b. Additionally, while offering evidence that is both recent and favorable, the applicant provides no documentary evidence, prepared at the time, that would suggest his discharge was either unjust or that its basis was untrue. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012029 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012029 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2