RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060002208


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 be
changed from RE-3 to RE-1A.

2.   The applicant states, in effect, that he was informed by the doctor at
Fort Jackson that his discharge would be honorable after 2 years.

3.  In his personal letter, he states that he intended to join the United
States Marine Corps (USMC).  An explanation of his prior military service
was needed, he believed.  On 26 June 2003, he joined the United States
Army.  During the course of basic training, he became extremely ill and was
placed in medical quarters for 48 hours.  The doctor checked his vitals
after 24 hours and informed him that he was good to return to his unit as
he had broken the fever.  He sent him back with some antibiotics and some
cough drops.  The following morning, before lights on (when they would
clean the barracks), another recruit was trying to pick a fight with him.
He declined and walked away.  Unfortunately, he kept on and in a bit of
immature anger, he punched the wall next to the door to the head.

4.  Additionally, this was sheetrock, and he put a hole through the wall.
He was so ashamed of himself and was afraid that his entire platoon would
feel the pain of that minor mistake.  He went to one of the doctors on base
and told him the situation.  He asked the applicant if he would fight that
Soldier again if provoked. Being honest, he told the doctor that he would
in fact do so as he would not put up with the insults again.  The doctor
asked him if he wanted to go home.  He said yes.  In retrospect, he knows
these were poor decisions on his part.  He fully intended to make it up to
his country and himself by joining the USMC.  He is far more mature than he
was when he was discharged and he will do anything to prove it.

5.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army
on 26 June 2003, for training as a signal support systems specialist (31U),
in the pay grade of E-1.




2.  The applicant underwent a mental status evaluation on 7 August 2003. 
His mental status evaluation revealed a fully oriented, fully alert
individual, whose behavior was normal.  His mood or affect was depressed,
thinking process was clear, his thought content was normal, and his memory
was good.  The psychiatrist determined that he had the mental capacity to
understand and participate in the proceedings.  The remarks sections of his
evaluation indicated that he was a self referral.  He was diagnosed as
having an adjustment disorder with depressed mood and history of
bronchitis.  He also had current potential for low self harm and harm to
others.

3.  On 11 August 2003, the applicant was counseled by his drill sergeant,
first sergeant, and commander, while attending basic training, at Fort
Jackson, South Carolina, due to his lack of Army values and failure to
adapt to the soldierization process.  They unanimously recommended that he
be discharged under the provisions of Army Regulation 635-200, chapter 11,
with an uncharacterized entry-level status discharge.

4.  On 11 August 2003, the applicant’s commander notified the applicant
that he was initiating action to separate him 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,
his failure to adapt to the military environment.

5.  The applicant waived his rights to consult with counsel and elected not
to submit a statement in his own behalf.  He consented to the proposed
discharge action.

6.  On that same day, the commander submitted his recommendation for the
applicant's discharge to the appropriate authorities.  The applicant's
discharge was approved on the same day.

7.  The applicant was discharged on 21 August 2003, under the provisions
of Army Regulation 635-200, chapter 11, with an uncharacterized entry-
level status discharge.  On the date of his discharge, he had completed 1
month and 26 days of creditable service.  He was issued a separation
program designator (SPD) code of "JGA" and an RE Code of "3."

8.  There is no evidence that the applicant applied to the Army Discharge
Review Board (ADRB) for an upgrade of his discharge within its 15-year
statute of limitations.


9.  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 could not 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 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor and entitles the recipient to
benefits provided by law.  The honorable characterization is appropriate
when the quality of the member’s service generally has met the standards
of acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.  Whenever there is doubt, it is to be resolved in favor of
the individual.

11.  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.

12.  RE-3 applies to persons not qualified for continued Army service and
personnel who are discharged under TDP (Trainee Discharge Program), but the
disqualification is waivable.

13.  RE Code 1A was available, and in effect up until 15 June 2005, and was
applied to Soldiers with over 6 years of service for pay and who were fully
qualified for reenlistment.  This code was superseded by RE Code 1 on
16 June 2005 and is no longer authorized for use.


14.  RE-1 applies to persons completing their term of service (ETS) who are
considered qualified to reenter the Army.

15.  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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned the appropriate Reentry Code, "3," based on
the regulatory guidance for Soldiers separating under the provisions of AR
635-200, chapter 11, entry level performance and conduct.  In this case,
there is no basis for changing the existing code.

2.  The applicant has submitted insufficient evidence with his application
to show that his separation for entry level performance and conduct, which
resulted in his receiving an RE Code of "3," was in error or unjust.

3.  It is noted that the applicant is requesting that his RE Code of "3" be
changed to "1A"; however, the RE Code of "1A", in effect, at the time of
his discharge was applied only to careerists with over 6 years of service
for pay.  The applicant was not authorized to have this RE Code applied to
his DD Form 214.

4.  Contrary to the applicant's assertion that he was informed by the
doctor (psychiatrist), at Fort Jackson that discharge would be honorable
after 2 years, the Army does not have, nor has it ever had, a policy to
automatically upgrade discharges.  Soldiers are advised at the place of
their separation that it is their responsibility to request an upgrade it
they receive less than an honorable discharge.  When an application for the
upgrade of a discharge is received, each case is decided on its own
merits.  A change may be warranted if the Board determines that the
characterization of service or the reason for discharge, or both, were
improper or inequitable.  The Defense Discharge Review Standards
specifically state that no factors should be established that require
automatic change or denial of a change in discharge.




5.  The applicant’s contentions that he intended to join the USMC, that he
became ill during the course of BCT, that an altercation occurred between
him and another Soldier, were considered; however, there is no evidence in
his service record and he has provided none to corroborate this
allegations.  Nonetheless, these contentions are not sufficiently
mitigating to support a change to the reason for his separation.

6.  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

_LDS____  __AM___  __PMS__  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.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002208                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |20030821                                |
|DISCHARGE AUTHORITY     |AR 635-200, chap 11                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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