RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20040009795


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |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, that his reentry (RE) Code of RE-3
be upgraded to RE-1 so that he may pursue a military career.

2.  The applicant states, in effect, that he was wrongly given an entry
level discharge for failure to train because he went home during basic
combat training due to his mother's failing health.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 2 April 2004.  He was subsequently assigned to Fort
Leonard Wood, Missouri, for basic combat training.

2.  The applicant’s record shows he did not complete any formal military
training. The record documents no acts of valor, significant achievement,
or service warranting special recognition.

3.  Two DA Forms 4856 (Developmental Counseling Form), dated 9 May 2004,
show the applicant was counseled by two different Drill Sergeants for
refusing to train and failure to follow instructions.  The applicant signed
the documents indicating agreement with the information contained on the
counseling forms.

4.  Two DA Forms 4856, dated 10 May 2004, show the applicant was counseled
by both his First Sergeant and Commander, notifying him of his transfer to
the Retraining and Holding Company for discharge in accordance with Chapter
11 (Entry Level Performance and Conduct) of Army Regulation 635-200 (Active
Duty Enlisted Administrative Separations).  The applicant signed the
document indicating agreement with the information contained on the
counseling forms.

5.  On 19 May 2004, the first lieutenant serving as commander of the
Retraining and Holding Company, Training Support Battalion, Fort Leonard
Wood, notified the applicant of her intention to initiate separation action
against the applicant for sociological reasons under the provisions of
chapter 11 of Army Regulation
635-200.  The commander stated the basis for her action was because the
applicant failed to adapt to military life and the soldierization process.
In addition, the commander indicated that the applicant lacked the self-
discipline and motivation necessary to complete basic combat training and
that further attempts to train are not justified.  The notification
document advised the applicant of his rights, including the right to legal
counsel.

6.  On 19 May 2004, the applicant acknowledged the commander's written
notification of the applicant's proposed separation from the U.S. Army and
that he would receive an entry level separation with an uncharacterized
character of service.  The applicant declined the opportunity to meet with
legal counsel and waived his rights in writing.

7.  On 19 May 2004, the lieutenant colonel serving as commander of the
Training Support Battalion, Fort Leonard Wood, approved the recommendation
for discharge under the provisions of chapter 11 of Army Regulation 635-
200, by reason of entry level performance and conduct.

8.  On 24 May 2004, the applicant was discharged after completing 1 month
and 23 days of active military service.  The DD Form 214 (Certificate of
Release or Discharge from Active Duty) the applicant was issued at the time
confirms he received an uncharacterized discharge and that he was separated
under the provisions of chapter 11 of Army Regulation 635-200, and that the
reason for his separation was entry level performance and conduct.  Item 26
(Separation Code) confirms the applicant was assigned a Separation Program
Designator (SPD) Code of JGA and Item 27 (Reentry Code) shows he was
assigned a RE Code of 3.  In addition, the applicant signed the document in
Item 21 (Signature of Member Being Separated).

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 11 of this 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.

10.  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 of 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 Reentry Code to assign members separated with this SPD code.  RE-3
applies to persons not qualified for continued Army service, but the
disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Reentry Code of RE-3 should be upgraded
to RE-1 because he was wrongly given an entry level discharge for failure
to train.

2.  There is no evidence in service records to support the applicant's
contention that he failed to train because he went home as a result of his
mother's failing health, and the applicant provides no evidence to support
his contention.

3.  Evidence of record shows the applicant's separation was based upon his
inability to adapt to military life, a lack of self-discipline and
motivation necessary to complete basic combat training, and that further
attempts to train were not justified.

4.  Records show the applicant was properly and equitably discharged in
accordance with the regulations in effect at the time.  Lacking evidence to
the contrary, it is determined that all requirements of law and regulations
were met and the rights of the applicant were fully protected throughout
the separation process.

5.  The record contains a properly constituted DD Form 214 that was
authenticated by the applicant with his signature.  This document
identifies the reason and characterization of the discharge and the
corresponding SPD and RE code assignments and carries with it a presumption
of regularity in the discharge process.

6.  By regulation, the RE-3 code assigned the applicant was the proper code
to assign members separating under the provisions of chapter 11, Army
Regulation
635-200, entry level performance and conduct.  As a result, the RE-3 code
was and still is appropriate based on the authority and reason for his
separation.  Therefore, the applicant is not entitled to have his RE Code
of
RE-3 upgraded to RE-1.
7.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___DB__   ___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 Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009795                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |20040524                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 11                  |
|DISCHARGE REASON        |Entry Level Performance and Conduct     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.2900.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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