IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090020492 


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 the following changes to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

* Item  24 (Character of Service) from uncharacterized to honorable
* Item 26 (Separation Code) from JGA to a more favorable code
* Item 27 (Reentry Code) from RE-3 to RE-1 
* Item 28 (Narrative Reason for Separation) Entry Level Separation to a more favorable reason 

2.  The applicant states, in effect, that during his initial enlistment processing he was told by the counselor that because he did not have an advanced high school diploma he was ineligible to apply for warrant officer school but was eligible enlist for helicopter flight school.  He continues to state, in effect, that upon his arrival at his basic training station he was told otherwise and that resulted in him being angry and deciding he wanted to leave the service even though he chose not to speak to anyone in leadership except to tell them he wanted to get out.  He concludes by stating that now he is older, has a family and knows he should have stuck it out.  He has retaken the Armed Services Vocational aptitude Battery (ASVAB) and wants to serve his county again and hopes the Board understands and grants him relief.

3.  The applicant provides his DD Form 214 and an unverified ASVAB Test Score Report, dated 28 October 2009.  


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army on 
19 November 1992 for training in military occupational specialty 67V (Observation/Scout Helicopter Repairer).

3.  The applicant's records also show that he received a General Counseling statement on 15 March 1993 stating that he had been verbally counseled numerous times by his chain of command regarding his negative attitude towards the Army.

4.  On 22 March 1993, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, due to entry level performance and conduct.  The commander cited as the specific reasons for his proposed action the applicant's lack of motivation, lack of dedication towards successfully completing the military occupational course, apparent depression, a strong desire to be separated from the Army, and his unwillingness to adapt to military service. 

5.  On the same day, the applicant acknowledged receipt of the proposed action against him and consulted with legal counsel.  He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights.  Subsequent to receiving this counseling, the applicant completed his election of rights by waiving his right to have his case considered by an administrative separation board and declined to submit statements in his own behalf.  The applicant's mental status evaluation cleared him for separation.

6.  On 23 March 1993, the separation authority approved waiver of the applicant's rehabilitative transfer and approved the discharge under the provisions of Army Regulation 635-200, chapter 11.

7.  On 29 March 1993, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, by reason of entry level status performance and conduct, with an entry level status discharge.  The DD Form 214 he was issued at the time confirms he completed a total of 
4 months and 11 days of creditable active service, and shows the following:

* Item 24 (Character of Service) "Uncharacterized"
* Item 25 (Separation Authority) "Army Regulation 635-200, chapter 11-3a"
* Item 26 (Separation Code) "JGA"
* Item 27 (Reentry Code) "3" 
* Item 28 (Narrative Reason for Separation) "Entry Level Separation"

8.  The applicant submitted an unverified copy of his 2009 ASVAB Test Score Report.

9.  Army Regulation 635-200 (Enlisted Separations) sets forth the basic policy for the separation of enlisted personnel.  Chapter 11 provides the policies and procedures for separating individuals who are in an entry level status (180 days or less) who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  It provides that service under this provision will be uncharacterized unless the Secretary of the Army determines that a characterization of honorable is warranted by unusual circumstances involving personal conduct and performance of duty.

10.  Army Regulation 635-200, paragraph 3-9, provides, in pertinent part, that a separation will be described as an entry level separation with service uncharacterized, if processing is initiated while a Soldier is in entry level status.  This document provides, in pertinent part, that entry-level status terminates 180 days after the Soldier's entry on active duty.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation in effect at the time showed the SPD code of “JGA” as shown on the applicant’s DD Form 214 specified the narrative reason for separation as involuntary release or transfer for “Entry Level Status” and that the authority for separation under this separation program designator was “Army Regulation 635-200, paragraph 11-3a."
12.  By regulation, RE 3 is the proper code assigned to members who were separated under the provisions of Army Regulation 635-200, by reason of an entry level status with an SPD code of JGA.  

13.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

14.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, showed that the SPD code “JGA” as shown on the applicant’s DD Form 214 specified the narrative reason for separation as involuntary release or transfer for “entry level status” and that the authority for separation under this separation program designator was “Army Regulation 635-200, paragraph 11-3a."

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record nor did the applicant submit any evidence showing he applied for or was denied enrollment in the warrant officer flight school.  His enlistment contract shows he enlisted for helicopter repair training, not for helicopter flight school.

2.  Evidence of record shows that the applicant completed less than 180 days of continuous active service prior to being discharged.  Therefore, his records are correct as currently constituted and there is no basis to change the applicant's character of service as requested.

3.  For the applicant's information, an uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

4.  The applicant is advised that although his RE code has not been upgraded, this does not mean that he is disqualified from reenlistment.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification.  Therefore, if he desires to enlist, the applicant should contact a local recruiter to determine his eligibility.  Those individuals can best advise a former service member as to the needs of the service at the time and are required to process waivers of RE codes.

5.  Therefore, there is no justification or reason to change the applicant's narrative reason for separation as his separation was based on his entry level status - or to remove the narrative reason for his separation from his DD Form 214.

6.  The applicant has failed to show through the evidence submitted or the evidence of record that the separation authority, the separation code, RE codes and the narrative reason assigned to him were in error or unjust.

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)                                         AR20090020492



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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