ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 May 2019 DOCKET NUMBER: AR20170018292 APPLICANT REQUESTS: * a change to the narrative reason for separation * a change to the separation authority * a change to the reentry eligibility (RE) code APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge from the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Letter of recommendation from his pastor * Three ITT Technical transcripts * USA Today online article 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 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. The applicant states, in effect: a. At the time of his discharge, he was troubled and immature. He came from a broken family, his mom left when he was 2 years old and his dad remarried 2 years later. Once he reached the age of eight, his dad's second wife began abusing him. She would lock him in his room, sometimes up to 8 hours at a time. He was not allowed to go to his friends' house or have friends over, it was like living in a prison. This abuse continued until he was 12 years old. He never sought out help, acting as though he was fine. He compartmentalized his feelings, which he believes affected his military career. b. For the last 10 years, the applicant has concluded that he always was and still is proud of the military. If he had one wish, it would be to have the ability to reenlist to a. finish out his original contract and make a career out of it. He's no longer that 18 year old; he has life experiences that can only help him be a better leader. He has had the help he needed in order for him to overcome his issues and to become an almost whole person. Getting back in the military would make him whole. c. If it wasn't for him going to the Lord, his savior, he wouldn't be where he is today. He truly hopes the Board will take this into consideration, as all he longs for is to have the opportunity to get back into the Army, to resurrect his career, and to become the best leader. He has started training again with the expectation that his reenlist codes and his narrative reason of personality disorder will be changed. He hopes to gain his rank, return to the military life and duties, and finish what he started. 3. The applicant provides: a. A letter of recommendation, dated 31 May 2017, written by the applicant's pastor, states he has had the distinct pleasure and honor of knowing the applicant for several years now. From friendship, to coaching and client, to peer to peer mentoring, he has found the applicant to be extremely honest, openly admitting to his weaknesses, and working diligently to increase his many strengths. The applicant has an undeniably genuine, deep love for God and this great country. During quiet and reflective moments, the applicant has indicated that he would be willing to pay the ultimate sacrifice if that's what was required to serve. b. Three ITT Technical transcripts (12 pages), reflect the applicant attained his associate in occupational studies on 7 September 2014 and his bachelor of science on 10 June 2016. c. USA Today online article titled, "Army lifts ban on waiver for recruits with history of some mental health issues," dated 12 November 2017, which highlights the decision to open Army recruiting to those mental health conditions and the risks associated with accepting those recruits. 4. Review of the applicant's service records show: a. He enlisted in the Regular Army on 14 July 2005. b. On 22 June 2007, the applicant's commander informed the applicant of the initiation of separation proceedings under Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13, personality disorder, with an honorable characterization of service. c. On 22 June 2007, the applicant acknowledged receipt of the commander's intent to separate him. On 5 July 2007, he elected to waive his right to consult with appointed counsel for consultation or military counsel of his own choice. He was advised by his commanding officer of the basis for the contemplated separation action for personality a. disorder, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights available to him. He elected to waive consideration of his case by an administrative separation board. He also elected not to submit a statement in his own behalf. He acknowledged he: * understood he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him * understood he could be ineligible for many or all benefits as a veteran under Federal and State laws as a result of the issuance of a discharge under other than honorable conditions * understood if he received a discharge characterization of less than honorable, he could make an application to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade, but he understood that an act of consideration by either board did not imply his discharge would be upgraded d. On 24 July 2007, the separation authority approved the applicant's discharge under the provisions of AR 635-200, chapter 5-13, for personality disorder, and directed that he be issued an honorable discharge. e. His DD Form 214 reflects he was discharged on 27 July 2007, under the provisions of Army Regulation (AR) 635-200, chapter 5-13, for personality disorder, with a characterization of service of honorable. He completed 2 years and 14 days of active service. The DD Form 214 also shows in: * Item 26 (Separation Code) – JFX * Item 27 (Reentry Code) - 3 * Item 28 (Narrative Reason for Separation) - Personality Disorder 5. By regulation (AR 635-5 and AR 635-200), Soldiers separated under the provisions of paragraph 5-13 of AR 635-200 will have their DD Form 214 listing the Narrative Reason for Separation as "Personality Disorder." 6. Also by regulation, Soldiers separating under the provisions of paragraph 5-13 of AR 635-200 will be assigned the Separation Code JFX. The SPD/RE Code Cross Reference Table reflects that members who are given an SPD code of JFX will be assigned an RE code 3. If the applicant still desires to reenter military service, he should contact a local recruiter who can best advise a former service member as to the needs of the Army at the time. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that the current information depicted on the DD Form 214 of the applicant accurately reflected the circumstances surrounding the administrative separation of the applicant. The Board found no error or injustice which would warrant making a change to the record. For that reason, the Board recommended denying the applicant’s request for relief. 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. 1535874 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. 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. Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 at the time stated a Soldier could be separated for personality disorder (as determined by medical authority), not amounting to disability under Army Regulation 635-40, that interfered with assignment to or performance of duty. The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty. Commanders would not take action prescribed in this paragraph in lieu of disciplinary action. The diagnosis must have concluded that the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired. 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. a. The SPD code JFX is the appropriate code to assign to Soldiers separated for personality disorder. b. The SPD/RE Code Cross Reference Table reflects that members who are given an SPD code of JFX will be assigned an RE code 3. 4. 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