BOARD DATE: 10 November 2016 DOCKET NUMBER: AR20160014431 BOARD VOTE: ___x______ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 November 2016 DOCKET NUMBER: AR20160014431 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100021635, dated 14 April 2011, and Docket Number AR20130011779, dated 23 July 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding the applicant's DD Form 214 for the period ending on 19 October 2006 and issuing him a new DD Form 214 that shows in: * Item 18 (Remarks), member has completed first full term of service * Item 25 (Separation Authority), AR 635-200, paragraph 5-3 * Item 26 (Separation Code), JFF * Item 27 (Reentry Code), RE-1 * Item 28 (Narrative Reason for Separation), Secretarial Authority ___________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. BOARD DATE: 10 November 2016 DOCKET NUMBER: AR20160014431 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 reconsideration of his earlier request for correction of his narrative reason for separation from "Personality Disorder" to a more suitable code, such as "Convenience of the Government," and the reentry (RE) code from RE-3 to RE-1. 2. The applicant essentially states: * he was discharged from active duty in 2006 due to personality disorder; he does not have a personality disorder * he initially petitioned this Board for a correction to the reason and an upgrade to the RE code, but was denied * on reconsideration, the Board partially ruled in his favor following an advisory opinion from the Office of The Surgeon General (OTSG) * OTSG opined that he did not have at the time of discharge or at any time a personality disorder * OTSG also opined he most likely suffered from a depressive disorder in partial remission and would have been eligible to continue his service * the Board denied a change to the reason or an upgrade to the RE code but recommended his records go before a medical evaluation board (MEB) and possible physical evaluation board (PEB) * an MEB considered his records in 2014 and found his condition met retention standards; as a result, the PEB found him fit for duty * he was counseled and concurred with the PEB's findings and recommendations * because it is now clear that his previous separation was erroneous or unjust, there is sufficient reason to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) * he wants the reason for his separation and RE code changed so he may reenter military service 3. The applicant provides: * email from his MEB Counsel * DD Form 214 * progress notes * OTSG Previous Advisory Opinion * Psychiatric Medical Board Evaluation * DA Form 3947 (MEB Proceedings) * DA Form 199 (Informal PEB Proceedings) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100021635, dated 14 April 2011; and Docket Number AR20130011779, dated 23 July 2013. 2. The applicant provides a post-service psychiatric evaluation report, MEB proceedings, and PEB proceedings, which were not previously considered. This is new evidence that warrants consideration by the Board. 3. The applicant enlisted in the Regular Army (RA) for a 4-year term on 6 November 2003. He held military occupational specialty 11B (Infantryman). He served in Iraq from 15 September 2004 to 15 September 2005. He reenlisted for a 4-year term on 22 May 2006 and he was assigned to the 1st Battalion, 5th Infantry Regiment, Fort Lewis, WA. 4. On 19 June 2006, he underwent a mental status evaluation at the Behavioral Health Clinic, Madigan Army Medical Center, Fort Lewis, WA. His Report of Mental Status Evaluation shows: * Axis I: Adjustment Disorder with Mixed Emotional Features * Axis II: Personality Disorder – Not Otherwise Specified (NOS) 5. On 8 August 2006, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 5-13, Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) because of an adjustment disorder with mixed emotional features and a personality disorder. 6. On 9 August 2006, the applicant acknowledged receipt of the notification of separation action and he consulted with legal counsel. He was advised of the basis for the contemplated separation and of the rights available to him in connection with the action. Subsequent to receiving legal counsel, the applicant elected not to submit statements in his own behalf. 7. Subsequent to this acknowledgement, the immediate commander initiated separation action against the applicant under the provisions of AR 635-200, paragraph 5-13, due to personality disorder. His intermediate commander recommended approval. 8. On 29 September 2006, the separation authority approved the applicant's separation under the provisions of paragraph 5-13, AR 635-200, due to personality disorder and directed he be issued an honorable characterization of service. On 19 October 2006, the applicant was discharged accordingly. 9. His DD Form 214 shows he was discharged under the provisions of paragraph 5-13 of AR 635-200 with an honorable character of service. He completed 2 years, 11 months, and 14 days of active service. His DD Form 214 shows: * Item 18 (Remarks), member has not completed first full term of service * Item 25 (Separation Authority), AR 635-200, paragraph 5-13 * Item 26 (Separation Code), JFX * Item 27 (Reentry Code), RE-3 * Item 28 (Narrative Reason for Separation), Personality Disorder 10. In July 2013, the Board considered his petition under Deputy Assistant Secretary of the Army (Military Personnel) guidance (Rutherford Letter). The Board requested an opinion from OTSG. OTSG determined that after a thorough review of his records, given his anxiety and depressive symptoms were intractable and exacerbated by military service, with a diagnosis of anxiety disorder not otherwise specified (NOS) he would have been referred for an MEB in accordance with AR 40-501 (Standards of Medical Fitness) for determination of fitness status at the time of his separation. 11. As a result, the Board determined a change to the narrative reason for separation and RE code was premature and recommended his records be evaluated, via an MEB/PEB, to determine his medical fitness for duty. 12. On 21 September 2014, an MEB convened and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed as having the medically-acceptable condition of major depressive disorder in partial remission. He was counseled and the MEB proceedings were approved. The MEB forwarded his records to an informal PEB. 13. On 30 March 2015, an informal PEB convened. The PEB found the applicant physically fit and his disposition as fit. The PEB indicated that at the time of his separation, the applicant's major depressive disorder, in partial remission, was within medical retention standards. The PEB noted he was separated in October 2006 without the benefit of an MEB. It further noted he was awarded the Combat Infantryman Badge. 14. On 21 April 2015, the applicant was counseled by a PEB liaison officer who explained to him his rights, the disability process, the MEB process and how to appeal, the PEB adjudication, the difference between an informal and formal PEB, and the role of the U.S. Army Physical Disability Agency (USAPDA). He elected to concur with the PEB's findings and recommendation and waived his right to a formal hearing of his case. REFERENCES: 1. AR 635-200 prescribes the policy for the administrative separation of enlisted personnel. a. Paragraph 5-3 provides for separation under Secretarial plenary authority. It is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary’s approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis but may be used for a specific class or category of Soldiers. b. Paragraph 5-13 provides for separating members due to personality disorder (not amounting to disability) that interferes with assignment or with performance of duty. 2. AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes including Regular Army RE codes. * RE-1 applied to persons who completed an initial term of active service who were fully qualified for enlistment when separated * RE-3 applied to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable 3. AR 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. * SPD code of "JFX" is the correct code for Soldiers separating under paragraph 5-13 of AR 635-200 by reason of a personality disorder * SPD Code of "JFF" is the correct code for Soldiers separating under paragraph 5-3 (Secretarial Authority) of AR 635–200 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established: * RE-3 as the code to assign Soldiers separated with an SPD code of "JFX" * RE-1 as the code to assign Soldiers separated with an SPD code of "JFF" DISCUSSION: 1. The applicant underwent a mental status evaluation that resulted in a diagnosis of an adjustment disorder with mixed emotional features and a personality disorder in 2006. Since his condition did not rise to the level of a medical board and was not amenable to hospitalization, his chain of command initiated administrative separation actions. His separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met. 2. His narrative reason was assigned based on the fact that he was discharged under the provisions of paragraph 5-13 of AR 635-200. Absent the personality disorder, it appears there was no fundamental reason to process him for discharge. The underlying reason for his discharge appears at the time to be the diagnosed condition of personality disorder. The narrative reason for separation permitted under that paragraph is "Personality Disorder" and the appropriate SPD and RE codes associated with this discharge are JFX and RE-3, both of which are listed on his DD Form 214. 3. Following his second petition, the Board, with an advisory opinion from OTSG, determined that the more appropriate diagnosis was anxiety disorder and that such disorder required referral to an MEB. As a result, the applicant underwent an MEB and the MEB found his condition to be major depressive disorder (in remission) and that his medical condition met retention standards. As a result, the PEB determined he was fit for duty. He concurred. 4. Following his initial medical evaluations, medical doctors determined he did not have a personality disorder. His diagnosis was modified to major depressive disorder (in remission) and he met retention standards. The determination of the PEB in 2015 shows he was incorrectly discharged. As such, the Board may correct his record to show his separation was under Secretarial plenary authority because no other provision of the separation regulation applies. As the PEB determined he met medical retention standards, the Board may further correct his SPD and RE codes. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014431 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014431 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2