BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090008515
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 that his reentry (RE) code be changed to RE-2.
2. The applicant states, in effect, that he is a very patriotic person ready to serve and defend his country in the Armed Forces. He realizes that he did not fulfill the physical fitness assessment during the 7-week period but he did pass the physical fitness test on 9 March 2009 within the first 5-week period. He indicates that since his discharge he has been working out and he has consistently passed the basic physical fitness [requirement] in accordance with the U.S. Army criteria. He wants his RE code changed so he can enlist in the U.S. Navy.
3. The applicant provides a DA Form 4856 (Developmental Counseling Form), dated 10 March 2009, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 January 2009 for a period of 3 years and 21 weeks.
2. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, the applicant's DD Form 214 shows he was discharged with an uncharacterized characterization of service on
21 April 2009 under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct. He had served 3 months and
1 day of creditable active service.
3. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 11." Item 26 (Separation Code) on his DD Form 214 shows the entry "JGA." Item 27 (Reentry Code) on his DD Form 214 shows the entry "3." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry "ENTRY LEVEL PERFORMANCE AND CONDUCT."
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 (Entry Level Performance and Conduct) of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct (or both) while in an entry level status. This provision of regulation applied to individuals who had demonstrated inability, lack of reasonable effort, or failure to adapt to the military environment. 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 Soldiers service is uncharacterized when separated under this chapter.
5. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on the separation code of JGA" is Entry Level Performance and Conduct and the regulatory authority is Army Regulation
635-200, chapter 11.
6. 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army 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.
7. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
8. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
9. RE-2 was rescinded effective 28 March 1995.
10. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned a separation program designator of "JGA" will be assigned an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
2. The applicant's current RE code is a waivable code. Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ 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.
_______ _ __x_____ ___
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.
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