| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that his reentry (RE) code be changed.
APPLICANT STATES: In effect, that he would like his RE-3 code changed on his separation document (DD Form 214) to a one that would allow him to pursue a career in the Army.
EVIDENCE OF RECORD: The applicant's military records show:
On 21 March 2000, he enlisted in the Army for 3 years and was assigned to Fort Benning, Georgia to attend training in military occupational specialty 11X (Infantry).
The evidence of record includes several formal counseling statements issued to the applicant between 22 April 2000 and the date of his separation. They document sessions in which the applicant was counseled by members of his chain of command in regard to his lack of motivation, lack of self-discipline, failure to follow instructions, unwillingness to adapt to military life, and for not being a team player.
On 10 May 2000, the applicant was notified by his unit commander that an entry level separation (ELS) action was being initiated against him based on his
inability to adapt socially or emotionally to military life. The applicant consulted counsel, and after being advised of the basis for the contemplated separation and its effects, he completed his election of rights.
On 17 May 2000, the appropriate authority approved the separation action and directed the applicant receive an uncharacterized ELS. Accordingly, the applicant was separated on 24 March 2000. The DD Form 214 issued to him on the date of his separation confirms he was separated after completing just
2 months and 4 days of active military service. It also verifies that he was discharged under the provisions of chapter 11, Army Regulation 635-200, by reason of entry level performance and conduct and that he was assigned a Separation Program Designator (SPD) code of JGA and RE-3 code.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS. It states, in pertinent part, that members who demonstrate they are not qualified for retention because they cannot 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 will be separated under these provisions. The regulation requires an uncharacterized separation for members separated in an ELS.
Army Regulation 635-5-1 (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. The SPD code of JGA is the appropriate code to assign members separating under the provisions of chapter 11, Army Regulation 635-200 for entry level performance and conduct. In addition, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes RE-3 as the proper reentry code to assign to soldiers separated by reason of ELS 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. 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.
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. The Board noted the applicant’s contention and desire to pursue an Army career. However, these factors alone provide an insufficient basis for granting the requested relief.
2. The evidence of record confirms that the applicant’s discharge processing, to include the SPD and RE code assignment, was accomplished in accordance with applicable regulations. Further, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
3. In view of the circumstances in this case, the Board concludes the assigned RE-3 code was and still is appropriate. However, this does not mean that the applicant has been completely denied the opportunity to reenlist. Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with Recruiting personnel, who by regulation are required to process waiver requests, to determine if he is eligible to apply for a waiver under current enlistment standards and criteria.
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 this 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
__CLA__ __AAO__ __HBO __ DENY APPLICATION
| CASE ID | AR2001059466 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/10/30 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 2000/05/24 |
| DISCHARGE AUTHORITY | AR 635-200 C11 |
| DISCHARGE REASON | ELS Performance and Conduct |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 04 | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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