RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 March 2005
      DOCKET NUMBER:   AR20040002266


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John E. Denning               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, a change to his reentry (RE) code.

2.  The applicant states, in effect, that his discharge and the
corresponding RE-3 code were the result of his ability to serve being
impaired by the depression he experienced as a result of his being away
from home for the first time.  He claims he found it difficult to follow
orders he received and was told his discharge would be based on his
inability to adapt.

3.  The applicant provides no documentary evidence in support of his
application.
CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Army and entered active
duty on 7 November 2001, and was assigned to Fort Jackson, South Carolina
to attend basic combat training.

2.  The applicant’s record is void of a separation packet containing the
specific facts and circumstances surrounding his separation processing.
However, there is a separation document (DD Form 214) on file that shows
the applicant was separated under the provisions of chapter 11, Army
Regulation 635-200, by reason of entry level performance and conduct.  It
also shows that based on the authority and reason for discharge, he was
assigned a separation program designator (SPD) code of JGA and an RE code
of 3.

3.  On 9 June 2004, the Army Discharge Review Board (ADRB), after a
comprehensive review of the applicant’s record, determined his discharge
was proper and equitable.  As a result, the ADRB denied the applicant’s
request for an upgrade to the characterization of his separation and for a
change to the narrative reason for his separation.

4.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 11 sets policy and provides
guidance for the separation of Soldiers because of unsatisfactory
performance and/or conduct while in entry-level status.  It further states
that separation of a soldier in an entry level status may be warranted on
the grounds of unsatisfactory performance and/or unsatisfactory conduct as
evidenced by inability, lack of reasonable effort. failure to adapt to the
military environment and/or minor disciplinary infractions. The service of
Soldiers separated under this provision is “Uncharacterized”.
5.  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.

6.  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.  It states, in
pertinent part, that the SPD code of JGA is the appropriate code to assign
to Soldiers separated under the provisions of chapter 11, Army Regulation
635-200, by reason of entry level performance and conduct.  The SPD/RE Code
Cross Reference Table included in the regulation establishes RE-3 as the
proper code to assign members separated with this SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for a change to his RE-3 code was carefully
considered.  However, there is an insufficient evidentiary basis to support
granting the requested relief.

2.  The applicant’s record confirms he was separated under the provisions
of chapter 11, Army Regulation 635-200, by reason of entry level
performance and conduct.  It further shows that based on this authority and
reason for his separation, he was appropriately assigned a SPD code of JGA
and corresponding RE code of 3 in accordance with the applicable
regulations.

3.  The applicant is advised that although no change is being recommended
to his RE code, this does not mean that he is disqualified from
reenlistment.  The RE-3 code he was assigned applies to persons who are not
considered fully qualified for reentry or continuous service at the time of
separation, but the disqualification is waivable.  Therefore, if he desires
to reenlist, he should contact a local recruiter to determine his
eligibility.  Those individuals can best advise a former service member as
to the needs of the Army at the time, and are required to process waivers
of RE codes.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JED _  ___JRS__  ___MJF_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____John E. Denning  ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002266                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/17                              |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |2001/12/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ELS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  04   |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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