ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20180016153


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his Separation Program Designator (SPD) Code and change his Reentry (RE) Code from 3 to 2.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 December 2014
* Orders Number 337-0014, dated 2 December 2004
* Memorandum, Subject: Certification of Diplomatic Clearance Status for Military Sealift Command Ship, dated 14 January 2013
* Combating trafficking in persons training certificate, dated 17 February 2014
* Self-authored letter
* character reference letters
* letter authored by Dr. M- M-
* Merchant mariner credentials
* identification card

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.  The applicant states during pre-deployment medical evaluation to deploy to Iraq a doctor asked him if he had ever taken any medication.  He told him, yes, he had taken Ritalin and Adderall while in the 4th grade.  The doctor asked what for and he told him that at the current time he was diagnosed with attention deficit hyperactivity disorder.  The doctor never asked any additional questions to find out that he was misdiagnosed.  From the supportive evidence as well as medical evidence it shows he never had any developmental or mental disorders especially the disorder that was coded on his                       DD Form 214 which is for personality disorder.  He never even knew the code was for that until he tried to reenlist to serve his country.  No one disclosed this to him and he feels this is a disservice.

3.  A review of the applicant’s service records show the following on:

* 10 January 2002 - enlisted in the Virginia Army National Guard
* 26 February 2004 – the applicant requested and was approved for an interstate transfer to the California Army National Guard (CAARNG)
* 3 November 2004 – Orders Number 308-66, issued by Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX attached the applicant to the 647th Area Support Group, Detachment 2 until completion of his administrative separation
* 2 December 2004 – honorably discharged from the ARNG, DD Form 214 shows the following:

* item 25 (Separation Authority) Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13
* item 26 (Separation Code) JFX
* item 27 (Reentry Code) 3
* item 28 (Personality Disorder)

* his record is void of an administrative separation packet that would provide details leading up to his separation from the service, likewise his medical records are not available for review with this case

4.  The applicant provides:

* Orders Number 337-0014, issued by Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss showing he was assigned to the U.S. Army transition branch for transition processing
* Memorandum, Subject: Certification of Diplomatic Clearance Status for Military Sealift Command Ship showing a U.S. Navy ship would be in port at Singapore and was under diplomatic clearance
* Combating trafficking in persons training completion certificate
* Self-authored letter that states in pertinent part, he has dedicated his life to the needs of others, he joined after 11 September 2001 because of his character and integrity, and the Army is something that has been on his heart for many years and he knows his window of opportunity is closing
* character reference letters attesting to him being a self-starter, leader, willingness to help others, honest, hard-working, and dedicated 
o from a youth director who knew him since middle school and states he has the drive, faith and character to be a ranger
o from his father who speaks of the applicant’s time in the Merchant Marines and opening his own fitness facility; confident he will excel in whatever task faced
o from a person who knows the applicant his entire life and says he is hard working, honest, enthusiastic, dedicated family man and man of great faith
o from a Col, USMC (ret) who speaks to his integrity, strength, courage and absolute confidence the applicant will succeed and his previous experience and maturity will help encourage younger soldiers
* letter authored by Dr. M- M- that states in pertinent part, the applicant currently does not nor has he ever suffered from subsequent mood disorders, post-traumatic stress disorder, anxiety, depression, insomnia, and substance abuse
* merchant marine credentials
* identification card

5.  See applicable regulatory guidance below.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests.  The Board considered the applicant’s statement, the record of his service, the reason for his separation, and the absence of a separation packet or medical records.  The Board considered the applicant’s letters of reference and a letter authored by a doctor.  Based on a preponderance of evidence, the Board found insufficient support for a determination that the separation code and reenlistment code the applicant received upon discharge were in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that relief was not warranted.
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.


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 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 (Active Duty Enlisted Administrative Separations), paragraph 5-13 states a Soldier may be separated for personality disorder (not amounting to disability) that interferes with assignment or with performance of duty.  

	a.  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 (DOD) components.  

	b.  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.

3.  AR 635-5 (Separation Documents) states a DD Form 214 will be prepared for a Soldier on termination of active duty by reason of administrative separation.

* item 25, obtain the correct entry from regulatory or directives authorizing the separation
* item 26, obtain the correct entry from AR 635-5-1 (SPD Codes)
* item 27, AR 601-210 (Regular Army and Reserve Components Enlistment Program) determines Regular Army and U.S. Army Reserve reentry eligibility
* item 28, based on regulatory or other authority and can be checked against the cross reference table in AR 635-5-1

4.  AR 635-5 (SPD Reentry Code Cross Reference Table) in effect at the time identifies SPD JFX correctly cross referenced with Reentry Code 3.

5.  AR 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214.  It identifies SPD code JFX as the appropriate code to assign to enlisted Soldiers who are administratively discharged under the provisions of AR 635-200, paragraph 5-13 based on personality disorder.

6.  AR 15-185 (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.


ABCMR Record of Proceedings (cont)	 AR20180016153
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