IN THE CASE OF:	  

		BOARD DATE:	         20 October 2009

		DOCKET NUMBER:  AR20090008892 


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 his reentry (RE) code be upgraded to a more favorable code.

2.  The applicant states, in effect, that he was told upon separation that after a six-month period he would be eligible for reentry into the Armed Services.  He states he has been turned away by all three Services because his RE code is 3.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 May 2008 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 March 2008.  

2.  The applicant’s Official Military Personnel File (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) shows that he was counseled on numerous occasions during basic training.  Those counseling statements show that he failed to complete required basic training tasks such as the Team Development Course and the Obstacle Course.  He habitually would stop training or quit when the physical tasks became more difficult demonstrating a lack a personal motivation to meet Army training standards and values.  He was also counseled on failure to follow instructions and failure to attend mandatory training on three separate dates.  

3.  On 1 May 2008, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 11-3 of Army Regulation 635-200 for failure to obey orders or Army regulations, not socially or emotionally adapting to a military environment, not meeting minimum training standards, displaying a lack of personal motivation, a lack of personal coping skills, and a general poor attitude toward military service.

4.  The applicant acknowledged understanding the contemplated separation action under the provisions of paragraph 11-3 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) and its effect, the rights available to him, and the effect of any action taken when waiving his rights.  He was advised that his service would be uncharacterized.  The applicant waived the right to submit statements on his own behalf, consult with counsel, and acknowledged that if he was discharged, Department of Veterans Affairs (VA) and other Federal or state benefits associated with completion of active Federal service would be affected.  He acknowledged that he would not be able to apply for reenlistment in the U.S. Army for two years following separation action.  

5.  On 1 May 2008, the immediate commander recommended the applicant be separated for failure to adapt to the military training environment and its associated lifestyle for he did not complete the required training and often quit entry-level training requirements.  His commander did not recommend a rehabilitative transfer to another unit and requested that it be waived.  

6.  On 5 May 2008, the applicant’s intermediate commander recommended approval of the applicant’s discharge in accordance with paragraph 11-3 of Army Regulation 635-200.  He also recommended that the rehabilitation transfer requirement be waived. 

7.  On 6 May 2008, the separation authority approved the applicant’s discharge under the provisions of chapter 11 of Army Regulation 635-200 by reason entry-level performance and conduct.  He waived the rehabilitation transfer requirement.  By regulation, he directed that the applicant's service characterization be uncharacterized.  Accordingly, the applicant was discharged on 15 May 2008.  The DD Form 214 he was issued confirms he was discharged with uncharacterized service and that he had completed 1 month and 26 days of active Federal service.  Item 26 (Separation Code) of the applicant's DD Form 214 shows the entry "JGA" and in item 27 (Reentry Code) the entry "3."

8.  Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for the separation of Soldiers because of unsatisfactory performance or conduct (or both) while in an entry-level status.  In pertinent part, this chapter states that the separation of a Soldier in an entry-level status may be warranted due to the lack of reasonable effort, failure to adapt to the military environment, minor disciplinary infractions, or inability to perform basic soldiering task.  An entry-level separation applies to Soldiers who are in an entry-level status, before the date of the initiation of separation action, (have completed no more than 180 days of creditable continuous active duty), and have demonstrated that they cannot or will not adapt socially or emotionally to military life.  It further states that the character of service for Soldiers separated under the provisions of this chapter will be uncharacterized.

9.  Army Regulation 635-200 states, in pertinent part, 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.

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  Table 3-1 included a list of the RA RE codes:

	a.  RE "1" applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

11.  Army Regulation 635-5-1 (Separation Program Designator [SPD] Codes) provides, in pertinent part, that the reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214.  The primary purpose of the SPD code is to provide statistical accounting of reasons for separation intended exclusively for the internal use of the Department of Defense.  It states, in pertinent part, that the SPD code "JGA" is the appropriate code to assign to RA Soldiers who are involuntarily discharged for not complying with the required entry-level performance standards and military conduct under the provisions of chapter 11, Army Regulation 635-200.

12.  Separation Program Designator (SPD)/RE Codes Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers when they are separated.  The table shows that for the SPD code "JGA" the applicable RE code is 3.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant did not complete basic training and was discharged under the provisions of chapter 11, Army Regulation 635-200 for not complying with entry-level performance standards and demonstrating a lack of acceptable military conduct while in the entry-level training status.  He acknowledged that he would not be able to apply for reenlistment for two years following his separation date.  The only valid and regulatory separation code for his type discharge is "JGA" and its corresponding RE code is "3."  

2.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In order to justify correction of a military record, the applicant must show, 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.  Therefore, he is not entitled to relief.

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.
ABCMR Record of Proceedings (cont)                                         AR20090008892



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ABCMR Record of Proceedings (cont)                                         AR20090008892


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