ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 25 June 2019 DOCKET NUMBER: AR20160017365 APPLICANT REQUESTS: The applicant requests correction of the separation code of “JFX” and the Reentry Code of “3,” which establishes the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * U.S. Army Chaplain’s Interview Statement, dated 8 June 2015 * DA Form 3822 (Report of Mental Status Evaluation), dated 2 April 2015 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20150012029 on 23 August 2016. 3. The applicant states, in effect, during his initial enlistment in military occupational specialty (MOS) 19D (Calvary Scout) in Schweinfurt, Germany, he was uncomfortable with a company command climate that seemed to condone binge drinking and patronizing prostitutes. After waiting the allotted period of time necessary to pursue personnel action remedies, he asked his chain of command for permission to either reclassify into MOS 56M (Chaplain Assistant) or to change his duty assignment. Much to his surprise, the unit offered to honorably separate him. While this was not his preferred option, it was the only option the unit offered him. a. He reluctantly accepted and was separated in August 2001. He has always regretted this turn of events and he has consistently desired to return to serve an institution he knows to be better than that singular experience. Since that time, he has pursued and obtained a college degree, seminary education, and the workplace experience necessary to become a chaplain. The total time necessary to amass this experience required over 10 years. b. Upon application to become a chaplain in June of 2014, he was made aware of the negative codes he was assigned, either erroneously or possibly maliciously. The codes imply he was discharged for a personality disorder, which is false. Despite the negative nature of the codes, the chaplain recruiter was given the okay to process him as a chaplain candidate in March of 2015. The accessioning process reviewed his medical records and found no evidence that he was ever treated for a personality disorder. c. As an additional precaution, he was sent to a Walter Reed Psychologist in April 2015 and it was concluded that he did not have a personality disorder, clearing him for additional service. But, despite this clearance and a favorable recommendation, the Recruiting Brigade cannot approve his application with the [separation] codes in place. As such, his application has stalled. He believes these codes are unjustly applied and are a barrier to his continued service in the U.S. Army. He respectfully request the separation code of “JFX” and Reentry Code of “3” be removed/or favorably adjudicated. 4. On 2 May 2000, the applicant enlisted in the Regular Army for 4 years. He held MOS 19D. On 18 September 2000, he was assigned to Schweinfurt, Germany with the principal duties of his MOS. 5. The available record does not contain all of the facts and circumstances surrounding the applicant’s discharge process, however, it does contain the following documents: a. DD Form 214 that was prepared at the time of separation that shows on 14 August 2001, he was separated with an Honorable Discharge Certificate, in pay grade E-3. He had completed 1 year, 3 months, and 13 days of active military service. His DD Form 214 also shows in: * (Separation Authority), Army Regulation (AR) 635-200, paragraph 5-13 * (Separation Code), JFX * (Reentry Code), RE-3 * (Narrative Reason for Separation), Personality Disorder * (Signature of Member Being Separated), contains an illegible signature b. Orders Number 221-001, Headquarters U.S. Army Europe, confirms he was assigned to the Schweinfurt, Transition Processing Center, for separation processing with an effective discharge date of 14 August 2001. 6. The applicant provides two documents that were prepared in 2015 as part of his attempt to process into the U.S. Army Reserve (USAR): a. U.S. Army Chaplains Corps Interview for a USAR Chaplain Candidate position shows the applicant was interviewed on 8 June 2015 and he was determined to be certified as a candidate for ordained ministry and based on his student transcripts it was believed he would be able to meet the challenges of the chaplaincy program. This documents shows he did volunteer work at a parish house that provided help to those in need. He chose to leave the military, due to the alcoholism and abuse of the Soldiers in his unit. He worked with many different faith groups. He is described as having the ability to work well with others as both a leader and as a group member. He carried himself in a quiet and gentle manner and he demonstrated that he cared for people. The interviewing chaplain recommended accessing the applicant into the chaplain candidate program. b. Report of Mental Status Evaluation was previously provided to the ABCMR as part of his request for removal of his separation and reentry codes during the 23 August 2016 Board. This document shows the applicant was evaluated by a psychologist on 2 April 2015 at Walter Reed and he was determined to have met medical retention requirements and he was found fit for duty, including deployment. 7. 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. The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who was privileged to conduct mental health evaluations for the Department of Defense components, prior to the initiation of such discharge. b. 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. 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. 8. The applicant contends he believes he was erroneously or maliciously assigned the separation codes of “JFX” and RE-3 to imply he was discharged for a personality disorder, which is false. a. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. 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. b. The applicant's records are void of separation processing documents; specifically the required mental health evaluation or the commander's notification of intent to separate that provides specifics to the mitigating circumstances of his separation. 9. In making its determination, the Board can consider the applicant’s contentions and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: 1. The Board carefully consider the applicant’s request, supporting documents and evidence in the records. The Board discussed the applicant’s separation, the absence of a separation packet and the documented mental health evaluation conducted in 2015 when he attempted to process into the USAR as a Chaplain. The Board determined that there is no evidence in the records that he was properly diagnosed with a personality disorder prior to separation and the subsequent evaluation at WRAMC confirmed that he does not have that diagnosis. The Board determined, be preponderance of evidence that an injustice had occurred at the time of his separation. 2. After reviewing the application and all supporting documents, the Board determined that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for full relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 14 August 2001 to show: - Item 25 (Separation Authority): AR 635-200, Para 5-3 - Item 26 (Separation Code): MFF - Item 27 (Reentry Code): 1 - Item 28 (Narrative Reason for Separation): Secretarial Authority 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200, in effect at the time, prescribed policy and procedures for active duty enlisted separations. 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. 3. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, 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 4. AR 635-5-1 (Personnel Separations – Separation Program Designator (SPD)), defines the separation codes used on the DD Form 214. The regulation shows the SPD code of "JFX" is associated with paragraph 5-13, AR 635-200, and the narrative reason of personality disorder. 5. 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 the SPD code of "JFX" corresponds to RE code "3." 6. AR 15-185 (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. 7. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. ABCMR Record of Proceedings (cont) AR20160017365 4 1