APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: Her recruiter told her to put down that she had never been in the service before and also that she had no law violations when he knew that she had.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was enlisted in the Regular Army on 18 October 1983 for 4 years. She was not advanced to pay grade E-2.
During her basic training she was recommended for discharge under the trainee discharge program for her inability to adapt, total lack of desire or commitment to complete basic training and obvious immaturity.
The recommendation was approved and she was discharged on
15 December 1983 under the authority of Army Regulation 635-200, chapter 11, for entry level status performance and conduct. She was credited with 12 month and 28 days of active duty. She was assigned code RE-3.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, paragraph 5-31 of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel because of unsatisfactory performance or conduct (or both). This policy applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 11 of Army Regulation 635-200.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In view of the circumstances in this case, the applicant is not entitled to a change or upgrade of her assigned code of RE-3. She has not shown error or injustice, or any other satisfactory justification for the relief she now requests.
2. The Board concludes that the applicant was separated and assigned code RE-3 in accordance with regulations then in effect.
3. Her contentions have been noted by the Board; however, they are not sufficiently supported by her records or her application. There is no error or injustice in this case. She was properly assigned code RE-3 based on her discharge. She has not shown otherwise. Therefore, there is no basis for changing it or for removing it from her records.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1996 | 9609784C070209
While at Fort Sam Houston, the applicant was accused of stealing a fellow soldiers ATM card and removing money from the soldiers account. The applicant stated that she admitted stealing the ATM card and a second soldiers phone card after investigators told her that they had evidence against her (telephone records, witness statements, etc.) Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE codes based on their service...
ARMY | BCMR | CY2001 | 2001051509C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that...
ARMY | BCMR | CY2003 | 2003087899C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That her records be corrected by upgrading her discharge, and by changing her RE-code to allow her reenlistment. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY2008 | 20080006420
On 22 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of chapter 11 of Army Regulation 635-200 (Enlisted Personnel Separations) by reason of entry-level status, with an uncharacterized discharge. On 29 June 2007, the applicant was discharged by reason of entry-level status after completing 5 months and 27 days of active military service. A separation code of "JGA" applies to persons who are separated under the provisions of...
ARMY | BCMR | CY2004 | 2004104752C070208
On 4 December 2000, the unit commander counseled the applicant and notified her of his intent to initiate separation action under the provisions of chapter 11, Army Regulation 635-200 with an uncharacterized discharge for entry-level performance and conduct. On 18 February 2004, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned...
ARMY | BCMR | CY2002 | 2002080424C070215
The regulation states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives),...
ARMY | BCMR | CY2004 | 20040011342C070208
On 6 December 1982, the applicant’s commander notified the applicant that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, chapter 11, for entry-level status performance and conduct. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. The applicant has submitted insufficient evidence with her...
ARMY | BCMR | CY2013 | 20130010136
This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used. The regulation shows that the SPD code of JGA as shown on the applicant's DD Form 214 is appropriate for...
ARMY | BCMR | CY2001 | 2001064675C070421
Pertinent Army Regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Chapter 11 of that regulation provides for the separation of personnel during the initial 180 days of service while still in an entry-level status. The available records show that the applicant was discharged under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct.
ARMY | BCMR | CY2013 | 20130009400
This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used. Evidence shows she was properly separated under the provisions of Army Regulation 635-200, chapter 11 by...