AR20140002818

IN THE CASE OF:

BOARD DATE: 20 June 2014

CASE NUMBER: AR20140002818
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.

Presiding Officer

I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests a change to his narrative reason for discharge.

2. The applicant states, in effect, that he was told by Army separation personnel that he could reenlist after two years with a waiver and that he was misinformed. The applicant contends that upon attempting to rejoin the military (National Guard) he was informed that waivers were no longer being granted for his type of discharge and that his discharge referred to a mental illness. He contends he never had a mental health condition, and was only experiencing a debilitating divorce at the time of discharge which has now been remedied.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 10 February 2014
b. Discharge received: Honorable
c. Date of Discharge: 5 June 2000
d. Reason/Authority/SPD/RE: Personality Disorder, AR 635-200, Chapter 5-13, JFX RE-3
e. Unit of assignment: A Co, 303rd MI Bn, 504th MI Bde, Fort Hood, TX
f. Current Enlistment Date/Term: 23 July 1998, 4 years
g. Current Enlistment Service: 1 year, 10 months, 13 days
h. Total Service: 1 year, 10 months, 13 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 96D10, Imagery Analyst
m. GT Score: 113
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: ASR
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: None
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 23 July 1998, for a period of 4 years. He was 18 years old at the time of entry and a high school graduate. The record does not contain any evidence of acts of valor or meritorious achievements. At the time of his discharge, he was serving at Fort Hood, TX.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence contained in the applicants service record indicates that on 27 April 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-13, by reason of personality disorder, after a psychiatric evaluation which was conducted on 1 March 2000, indicated the applicant suffered from a personality disorder which was consistent with the criteria for separation under AR 635-200, Chapter 5-13.

2. The unit commander recommended an honorable discharge and advised the applicant of his rights.

3. On 28 April 2000, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separtion board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander recommended approval with an honorable discharge.

4. The separation authority directed the applicants discharge with a characterization of service of honorable.

5. The applicant was discharged from the Army on 5 June 2000, with a characterization of service of honorable under the provisions of Chapter 5, paragraph 5-13, AR 635-200, for a personality disorder, with a Separation Program Designator code (SPD) of JFX and an RE code of 3.

6. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. A Case Review Committee (CRC) Recommendation, dated 9 February 2000, which indicates the applicant was involved in an alleged spouse abuse incident and approved for a treatment plan.

2. The applicants record does not contain any recorded actions under the UCMJ or counseling statements.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, a self-authored statement, a psychological evaluation, dated 20 December 2013, a copy of his credit and background report, a copy of his academic transcript, and a copy of his DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY:

None provided with the application.

REGULATORY AUTHORITY:

1. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier’s ability to perform military duties. The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldiers ability to function in the military environment is significantly impaired.

2. Army policy requires the award of a fully honorable discharge in such case.

3. Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

4. Army Regulation 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. It identifies the SPD code of “JFX” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-13, personality disorder.

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JFX” will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for a change to his narrative reason for discharge was carefully considered. However, after a careful review of his military records during the period of enlistment under review and the issue he submitted, there are insufficient mitigating factors to merit a change to the narrative reason for discharge.

2. The record confirms that based on the commanders notification, the applicant was diagnosed by competent medical authority with a personality disorder. The unit commander properly initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-13, AR 635-200, in effect at the time, by reason of personality disorder, with a characterization of service of honorable.

3. The applicant requested a change to the narrative reason for his discharge; however, the narrative reason for separation is governed by specific directives. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Personality Disorder,” and the separation code is “JFX.” Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There was no provision for any other reason to be entered under this regulation.

4. The applicant contends he was misinformed on the details of the meaning of his narrative reason for discharge, that he could reenlist after two years with a waiver, and that his narrative reason is hendering his attemp at rejoining the militay. The evidence of record shows the applicant was notified by his commander on 27 April 2000 and the applicant acknowledged with his signature. On 28 April 2000, the applicant also acknowledged that he understood he would be ineligible to apply for reenlistment in the US Army for a period of two years after discharge.

5. Furthermore, Soldiers, being processed for separation ar assigned reentry codes based on there service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers or reentry eligibility (RE) codes if appropriate. As stated in the applicant’s application, it appears the service branch the applicant was applying to determined they were not accepting individuals meeting his requirements. Therefore, the applicant was ineligable for reenlistment with a waiver. Further, the Board does not grant relief solely for the purpose of gaining eligibility for reenlistment opportunities.

6. Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 20 June 2014 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

Board Vote:
Character Change: 0 No Change: 5
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: No
Change Characterization to: No Change
Change Reason to: No Change
Change Authority for Separation: No Change
Change RE Code to: No Change
Grade Restoration to: NA
Other: NA

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
AWOL – Absent Without Leave GD – General Discharge NA – Not applicable SCM- Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
CG – Company Grade Article 15 HD – Honorable Discharge OAD – Ordered to Active Duty UNC – Uncharacterized Discharge
CID – Criminal investigation Department MP Military Police OMPF – Official Military Personnel File UOTHC – Under Other Than Honorable Conditions

ADRB Case Report and Directive (cont) AR20140002818

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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