IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080006420 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 27 (Reentry Code (RE)) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to allow enlistment. 

2.  The applicant states, in effect, that she was given an entry level status performance discharge for pregnancy and she was not pregnant.  She contends she was pulled from training for pushing a female Soldier in the barracks.  She is unable to enlist in the U.S. Coast Guard with an RE code of RE-3 without a waiver.  She contends that she is entitled to a RE code of RE-2 because she was discharged under the provisions of Army Regulation 635-200, chapter 11.   

3.  The applicant provides a copy of her DD Form 214 and a copy of a letter from U.S. Army Human Resources Command (HRC), St. Louis, dated 16 March 2008.

CONSIDERATION OF EVIDENCE:

1.  On 3 January 2007, the applicant enlisted in the Regular Army.  She completed basic combat training; however, she failed to complete advanced individual training.  She attained the grade of PVT/E-2 and received the Army Service Ribbon.

2.  On 2 May 2007, the applicant was notified that she was being recycled from the Civil Affairs Specialist Course.  The decision was based on her failing tests and earning a grade point average below what was acceptable for continued progress in the course.
3.  On 18 June 2007, the applicant was notified that she was being relieved from the Civil Affairs Specialist Course because her behavior and attitude towards military rules, regulations, and standards of conduct.  She consistently exhibited behavior that was unacceptable for continued progress in advanced individual training, and was not conducive to a successful career in the Army.  A review of her numerous formal counseling sessions shows she was counseled for continued academic failure, for her room being below standards, disrespectful language to the drill sergeant, insubordination, disobeying directive, possessing contraband items, assaulting a specialist, and disrespect towards a Battle Buddy.

4.  On 22 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of chapter 11 of Army Regulation 635-200 (Enlisted Personnel Separations) by reason of entry-level status, with an uncharacterized discharge.  The unit commander indicated that he was initiating separation action based on the applicant's inability to adapt socially and emotionally to military life.

5.  On 22 June 2007, the applicant consulted with legal counsel and did not submit a statement in her own behalf.  She indicated that she understood that she would be ineligible to apply for enlistment in the Army for a period of 2 years after her discharge.

6.  On 25 June 2007, the separating authority directed the applicant be separated with an entry-level status discharge with service uncharacterized.

7.  On 29 June 2007, the applicant was discharged by reason of entry-level status after completing 5 months and 27 days of active military service.  Her service was uncharacterized.  She was assigned a Separation Program Designator Code (SPD) of "JGA" and an RE code of RE-3.

8.  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 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 required uncharacterized service for separation under this chapter.

9.  A Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry-level status.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the RA and the U.S. 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 1 and 
2 permit immediate reenlistment if all other criteria are met.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

11.  Army Regulation 635-5-1 (Separation Program Designator (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. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.  

12.  A separation code of "JGA" applies to persons who are separated under the provisions of chapter 11, Army Regulation 635-200.  The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals separated by reason of in lieu of trial by court-martial.  An RE code of RE-3 indicates that the applicant requires a waiver prior to being allowed to reenlist.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated while in entry-level status because of her unacceptable behavior and her failure to adapt socially and emotionally to a military environment.  There is no evidence she was discharged due to pregnancy as she contends.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time and she was properly and equitably discharged in accordance with the regulations in effect at the time. There is no indication of procedural errors which would tend to have jeopardized her rights.  

2.  An uncharacterized discharge simply means that the applicant was in an entry-level status, i.e., in an initial probationary period of service.  Any individual who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge.  

3.  The applicant was properly assigned an SPD code of "JGA" and an RE code of RE-3.  The RE code is based on her reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  The applicant's narrative reason for discharge is fully supported in her official record.  Therefore, there is no basis upon which to change the applicant's RE code.

4.  If the applicant still desires to enlist in the U.S. Coast Guard, the responsibility for processing waivers of RE codes rest with the recruiters for the U.S. Coast Guard.  The applicant should contact a U.S. Coast Guard recruiter for information on processing waivers for enlistment. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080006420





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ABCMR Record of Proceedings (cont)                                         AR20080006420



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