| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: In effect, that his Reenlistment Eligibility (RE) Code be corrected to permit him to reenlist.
APPLICANT STATES: In effect, that his girlfriend was pregnant and did not have a place to live so he “had to leave basic.” He submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Indiana Army National Guard on 17 June 1999 and on 13 June 2000 was ordered to active duty for the purpose of training.
On 28 June 2000 he was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for disobeying an order. He was punished again on 17 July 2000 for the same offense. On 14 July 2000 he was involved in an altercation with another soldier, but there is no indication that any disciplinary action resulted.
On 8 August 2000 the applicant’s commander initiated action to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, Chapter 11 (entry level performance and conduct). The commander cited the applicant’s lack of motivation as the basis for his recommendation. He noted that the applicant had been “counseled numerous times in an effort to improve his substandard performance and bad attitude, but has made no effort to respond.”
The applicant acknowledged receipt of the proposed separation and waived his attendant rights.
A mental status evaluation found the applicant mentally cleared for separation and he elected not to undergo a medical examination.
The recommendation was approved, and on 18 August 2000 the applicant was discharged and his service was “uncharacterized.” His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he was issued an SPD (separation program designator) Code of “JGA” and an RE Code of “3.”
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 prescribed 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 who were not considered fully qualified for reentry or continuous service at the time of separation, including those discharged for entry level performance and conduct.
Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. It notes that “JGA” is the appropriate SPD code for individuals separated under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct.
A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that “RE-3” is the appropriate RE code for individuals who receive an SPD code of JGA.
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 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 that requirement.
2. The applicant’s contention that he “had to leave basic” because of his girlfriend’s situation is not supported by any evidence in available records, or provided by the applicant. Notwithstanding that fact, the Board concludes that the applicant’s behavior, which resulted in his separation, does not appear to have been related to any family situation and in any event would not serve as a basis to justify a correction to his record.
3. The Board notes that the RE code is consistent with his SPD code and in this case finds no basis to correct the existing code. The Board does note, however,
that an RE code of “3” is waivable and recommends the applicant contact his local recruiter to pursue such a waiver.
4. 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
__FNE __ ___MKP_ __LE ___ DENY APPLICATION
| CASE ID | AR2001065450 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020207 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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