BOARD DATE:  24 January 2020

		DOCKET NUMBER:  AR20170000470


APPLICANT REQUESTS: correction of the following items on his DD Form 214 
(Certificate of Release or Discharge from Active Duty):

*	item 4a (Grade, Rate or Rank) from “PV2” to “PFC”
*	item 4b (Pay Grade) amendment from “E-2” to “E-3”
*	item 27 (Reentry (RE) Code) amendment from “3” to “1”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 
*	Geneva Conventions Identification Card

FACTS:

1.  The applicant states:

	a.  His rank/grade should be corrected on his DD Form 214 to reflect PFC/E-3 in lieu 
of PV2/E-2.  He provided a copy of his picture identification card reflecting the PFC/E-3 
rank and grade.

	b.  He is also requesting a change to his RE code as he wishes to reenter the 
military on active duty.  He has an honorable discharge and does not have a personality 
disorder to the point where he cannot continue to serve the country.

2.  The applicant enlisted in the Regular Army on 15 October 2013.

3.  A DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military 
Justice (UCMJ)), shows he accepted nonjudicial punishment (NJP) under Article 15 of 
the UCMJ on 5 February 2015, for being disrespectful in language toward First 
Sergeant T by saying to her, “That’s fu__ed up,” or words to that effect.  

4.  This form further shows the imposed punishment, effective 5 February 2015, was 
reduction to the rank/grade of PV2/E-2, extra duty for 7 days, and restriction to the limits 
of the company area, dining/medical facility, place of worship, and place of duty for 
7 days.

5.  A DA Form 3822 (Report of Mental Status Evaluation) shows:

*	the applicant underwent a mental status evaluation on 26 February 2015, for the 
purpose of clearance for administrative separation under the provisions of 
paragraph 5-13, Army Regulation 635-200 (Active Duty Enlisted Administrative 
Separations)
*	he was found unfit for duty due to a personality disorder or other mental condition 
that does not amount to a medical disability
*	his cognition had no obvious impairments; his behavior was manipulative and 
suspicious; his perceptions were normal; he was frequently impulsive; and had 
suicidal thoughts
*	he was deemed to be able to understand and participate in administrative 
proceedings and could appreciate the difference between right and wrong
*	he was diagnosed with a borderline personality disorder

6.  On 9 March 2015, the applicant was notified by his immediate commander of his 
initiation of action to separate him because of personality disorder under the provisions 
of Army Regulation 635-200, paragraph 5-13,based on his diagnosis of borderline 
personality disorder.  He was notified of his rights, including the right to consult with 
counsel.

7.  On 11 March 2015, he acknowledged receipt of the notification and having been 
advised by his consulting counsel for the basis for the contemplated action to separate
him because of personality disorder under the provisions of Army Regulation 635-200, 
paragraph 5-13.  He requested consulting counsel representation and did not submit 
statements in his own behalf.

8.  A Commander’s Report, dated 12 March 2015, shows the applicant was being 
recommended for separation from the Army prior to the expiration of his current term of 
service due to diagnosis of a borderline personality disorder.  This memorandum further 
shows the applicant’s promotions, reductions, and dates thereof to have been as 
follows:

*	promotion to PV2/E-2 on 15 April 2004
*	promotion to PFC/E-3 on 15 October 2014
*	demotion to PV2/E-2 on 5 February 2015

9.  On 23 March 2015, the approval authority directed the applicant’s honorable 
discharge under the provisions of Army Regulation 635-200, paragraph 5-13 due to
personality disorder. 

10.  His DD Form 214 shows:

*	he was honorably discharged on 31 March 2015 under the provisions of 
Army Regulation 635-200, chapter 5-13, due to personality disorder
*	he was credited with 1 year, 5 months, and 16 days of net active service
*	a rank of PV2 in item 4a
*	a pay grade of E-2 in item 4b
*	a separation code of “JFX” in item 26 (Separation Code)
*	a RE code of “3” in item 27

11.  The applicant provided a Geneva Conventions Identification Card, issued on an 
unknown date, with an expiration date of 14 October 2017.  It reflects his rank/grade as 
PFC/E-3.

12.  On 30 December 2019, the Army Review Boards Agency (ARBA) clinical 
psychologist/medical advisor provided an advisory opinion, stating based on a thorough 
review of all available records, the diagnosis of personality disorder was supported, 
proper procedures were followed, and the discharge per Army Regulation 635-200, 
paragraph 5-13 was appropriate.  However, per ARBA guidance, the separation 
authority for the discharge can be changed to Army Regulation 635-200, paragraph 
5-17, for a condition, not a disability.  The applicant’s request for a change to his RE 
code is not recommended.

13.  On 5 January 2020, the applicant was provided a copy of the advisory opinion and 
given an opportunity to submit comments, but he did not respond.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.  The Board found no error or injustice in the applicant’s rank and 
grade upon discharge or the RE code on his discharge.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:		:	:	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

:X		:X	:X	DENY APPLICATION


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.


		  
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.



REFERENCES:

1.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets 
forth the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 5-13 states a service member may be separated for personality 
disorder not amounting to disability that interferes with assignment to or performance of 
duty when so diagnosed by a medical authority.  A Soldier being separated under this 
section will be awarded a character of service of honorable, under honorable conditions, 
or an entry-level separation.

	b.  Paragraph 5-17 states commanders who are special court-martial convening 
authorities may approve separation under this paragraph on the basis of other physical 
or mental conditions not amounting to disability that potentially interfere with assignment 
to or performance of duty.  A recommendation for separation must be supported by 
documentation confirming the existence of the physical or mental condition.  Members 
may be separated for physical or mental conditions not amounting to disability 
sufficiently severe that the Soldier's ability to effectively perform military duties is 
significantly impaired.

2.  Army Regulation 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 (U.S. Army 
Reentry Eligibility Codes) includes a list of RE codes.

	a.  RE code 1 applies to Soldiers completing their terms of active service who are 
considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all 
other criteria are met.

	b.  RE code 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 for enlistment unless a waiver is granted.

	c.  Recruiting personnel have the responsibility for initially determining whether an 
individual meets current enlistment criteria and are responsible for processing waivers.

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 
the specific reasons for separating Soldiers from active duty and the associated SPD 
codes to be entered on the DD Form 214.  

	a.  SPD code JFX is the appropriate code to assign to Soldiers involuntarily 
discharged under the provisions of Army Regulation 635-200, paragraph 5-13, due to 
personality disorder.

	b.  SPD code JFV is the appropriate code to assign to Soldiers involuntarily 
discharged under the provisions of Army Regulation 635-200, paragraph 5-17 due to a 
condition, not a disability.

4.  The SPD/RE Code Cross-Reference Table provides instructions for determining the 
RE code for Regular Army and Reserve Component Soldiers being separated.  The 
Table in effect at the time stipulates an RE code of 3 will be assigned to members 
separated with an SPD code of JFX or JFV.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170000470


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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