PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 26 June 2003
         DOCKET NUMBER: AR2002080424


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Lawrence Foster		Member
Mr. Lester Echols		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant request that her Reentry (RE) Code of "3" be changed to RE "1."

3. The applicant states, in effect, that her RE Code of "3" should be changed to RE "1." She also states that she was not truly a failure to adapt and was not given a choice to remain in the Army. Her spouse required extensive surgery and home health recovery. Her separation proceedings, signed by her command, indicate her true reason for discharge. In their opinion, her spouse's surgery required too much time away for emergency leave. She wanted to remain in the Army, serve her country, and have a respectable career. Her intentions were to become a commissioned officer after her enlistment; however, her RE Code prevents it. In support of her application, she submits a copy of her DA Form 4856 (Developmental Counseling Form), dated 21 August 2001, separation proceedings, dated 21 August 2001, and a copy of a Red Cross Message.

4. The applicant’s military records show she enlisted on 31 July 2001, as a journalist.

5. The applicant provided a copy of an undated Red Cross Message. The message indicated that the applicant's presence was needed due to her spouse's upcoming surgery, which required 1 week of hospitalization and 10 weeks of home health care. It also indicated that her spouse would be unable to care for her children.

6. On 21 August 2001, the applicant was counseled by her first sergeant pertaining to her family situation and was recommended for separation under the provisions of Army Regulation 635-200, chapter 11.

7. On 21 August 2001, 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. He cited, as the basis for his recommendation, the applicant’s spouse's surgery recovery of 6-8 weeks and failure to adapt to military environment.

8. On that same day, the commander submitted his recommendation to separate the applicant from the service under the same provisions based on the applicant's spouse's surgery recovery of 6-8 weeks.

9. The applicant waived her rights to consult with counsel and to submit statements on her own behalf. She consented to the proposed discharge action.

10. On 21 August 2001, the separation authority approved the request for discharge with a characterization of service as uncharacterized.

11. She was discharged on 30 August 2001 under the provisions of Army Regulation 635-200, chapter 11, with an uncharacterized entry-level status discharge. She had completed 1 month of creditable service. She was issued a separation program designator (SPD) code of "JGA" and an RE Code of "3."
The applicant’s records contain no derogatory information.

12. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, of the regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. This provision of regulation 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. The separation policy also applies to soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. 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. The soldier’s service is uncharacterized when separated under this chapter

13. Chapter 5 of that regulation provides the authorization for separation for the convenience of the government. Except as delegated by this
regulation or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the government will be at the Secretary’s discretion. Soldiers will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.

14. 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.

15. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable for reenlistment after a 2 year period has elapsed since discharge.

16. RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.
17. Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons. The regulation shows that the SPD of "JGA" as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for separation is "Entry-Level Performance and Conduct." The SPD code of "LFF" is appropriate for involuntary release from active duty when the narrative reason for separation is "Secretarial authority."

18. The SPD/RE Code Cross Reference Table, dated March 2001, provides
instructions for determining the RE code for Active Army soldiers and Reserve Component soldiers separated for cause. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The soldier’s file and other pertinent documents must be reviewed in order to make a final determination. The SPD code of "JGA" has a corresponding RE code of "3" and the SPD code of "LFF" has a corresponding RE Code that is determined by appropriate authorities directing the change.

CONCLUSIONS:

1. The evidence of record shows that the applicant was notified that she was being separated for her spouse's surgery recovery of 6-8 weeks and failure to adapt to military environment. However, on that same day, her commander submitted his recommendation for separation and based his decision solely on her spouse's recovery of 6-8 weeks.

2. The applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, with and uncharacterized entry-level status discharge. She was issued an SPD Code of "JGA" with a corresponding RE Code of "3". She had completed 1 month of creditable service with no derogatory information.

3. The Board believes that the applicant's discharge reason and attendant RE Code is uncharacteristically harsh given the circumstances of her case. There is no evidence of record that she was not progressing satisfactorily in training, only that she required an extensive absence to care for her family.

4. In view of the circumstances of this case, and in the interest of justice, it would be appropriate to change her separation authority from "AR 635-200, CHAP 11" to "AR 635-200, CHAP 5-3" in order to allow the her to reenlist. Therefore, it would also be appropriate to change item 26 (Separation Code) to show the entry "LFF", item 27 (Reentry Code) to show the entry "1", and item 28 (Narrative Reason for Separation) to show the entry "SECRETARIAL PLENARY AUTHORITY" of her DD Form 214.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a. by showing the entry "AR 635-200, CHAP 5-3" in item 25 (Separation Authority);

b. by showing the entry "LFF" in item 26 (Separation Code);

c. by showing the entry “1” in item 27 (Reentry Code); and

d. by showing the entry "Secretarial Plenary Authority" in item 28 (Narrative Reason for Separation) of her DD Form 214.

BOARD VOTE:

__wm__ __lf___ ___le__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080424
SUFFIX
RECON
DATE BOARDED	20030626
TYPE OF DISCHARGE	UNCHAR
DATE OF DISCHARGE	20010830
DISCHARGE AUTHORITY	AR 635-200, chap 11
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	4
2.
3.
4.
5.
6.