IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100010175
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 eligibility (RE) code of RE-3 be changed to RE-1.
2. The applicant states:
a. he wants his RE code changed to allow him to enlist in the Marine Corps;
b. he does not believe his separation should make him ineligible for enlistment or reenlistment; and
c. he provided proof which showed his wife had problems with her pregnancy; however, those problems have now been resolved and he wants to reenter the military.
3. The applicant provides eight pages of medical documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army on 4 August 2009. He entered his initial entry training at Fort Benning, Georgia.
2. A DA Form 4856 (Developmental Counseling Form), dated 17 August 2009, shows the applicant was command-referred the Community Mental Health Services for an evaluation based on comments he made that he was too depressed to train because his wife was having difficulty with her pregnancy.
3. On 17 August 2009, the Chief, Community Mental Health Services, recommended that the applicant be discharged from further military service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, due to his failure to adapt to the military environment.
4. On an unknown date, the applicant's unit commander notified the applicant that he was initiating action to separate him under the provisions of chapter 11, Army Regulation 635-200, by reason of entry-level performance and conduct. The unit commander cited the applicant's inability to adapt to military standards and lack of motivation/discipline to become a quality Soldier as his reasons for taking separation action.
5. Having acknowledged receipt of the proposed separation action, its effect, the rights available to him, and the effects of any action taken to waive his rights, the applicant declined representation by counsel, a medical examination prior to discharge, and to submit a statement on his own behalf.
6. On 28 August 2009, the separation authority approved the entry-level performance and conduct separation action for the applicant under the provisions of chapter 11, Army Regulation 635-200. On 8 September 2009, the applicant was separated accordingly.
7. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of his separation confirms he was separated under the provisions of chapter 11, Army Regulation 635-200, by reason of entry-level performance and conduct. It also confirms he completed a total of 1 month and 6 days of active duty service.
8. The DD Form 214 also shows the following in the items indicated:
* item 24 (Character of Service) - UNCHARACTERIZED
* item 26 (Separation Code) - JGA
* item 27 (Reentry Code) - 3
9. The applicant provides eight pages of medical documents, dated 6 August 2009, showing his wife's pregnancy history at that time.
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry-level status. This provision applies to personnel who could not meet the standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.
11. Army Regulation 635-200 provides 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 and processing into the Regular Army, U.S. Army Reserve, and Army National Guard and includes a list of Armed Forces RE codes. RE-3 applies to persons who have a waivable disqualification.
12. 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.
It states the SPD code JGA is the appropriate code to assign to members separated under the provisions of chapter 11, Army Regulation 635-200, because of entry-level performance and conduct.
13. The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. The SPD code JGA has a corresponding RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code should be changed from RE-3 to RE-1.
2. By regulation, the proper SPD and RE codes to assign to members separated due to performance and conduct while in an entry-level status are "JGA" and "3."
Therefore, the applicant's assigned SPD and RE codes are appropriate and remain valid.
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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