BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100021734


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 uncharacterized discharge be changed to an honorable discharge and that his reenlistment (RE) code be changed to a more favorable code.

2.  The applicant states he did not break any military rules or conduct.  He completed infantry training.  He contends he was age 17 and he simply missed being at home and he wanted to return home.  He wants to enlist in the Air Guard and use the Public Safety experience and skills he has received as a Firefighter, Security Officer, and Emergency Medical Technician Paramedic; however, a recruiter informed him that his RE code would not allow him to enter the Air Guard.

3.  The applicant provides no additional evidence.  

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 enlisted in the Regular Army on 2 August 1988, just 22 days prior to his 18th birthday.  He completed the training requirements and he was awarded military occupational specialty 11B (Infantryman).

3.  On 3 January 1989, his commander notified him that he was initiating action to discharge him from the service under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), due to entry level performance and conduct.  The commander cited as the specific reasons for this proposed action the applicant's lack of motivation, lack of self discipline, and inability to adjust to the military environment. 

4.  On an unknown date, the separation authority approved waiver of recycle/rehabilitation requirements and approved the discharge under the provisions of chapter 11, Army Regulation 635-200 with an uncharacterized discharge. 

5.  His DD Form 214 shows he was discharged on 18 January 1989 with uncharacterized service; he had completed 5 months and 17 days of active service.  He was assigned a Separation Program Designator (SPD) Code of "JGA" and an RE code of "3."

6.  There is no indication in his records that he petitioned the Army Discharge Review Board for an upgrade of his discharge. 

7.  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.

8.  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” specified the narrative reason for separation was involuntary release or transfer for “Entry Level Status” and the authority for separation under this SPD code was “Army Regulation 635-200, paragraph 
11-3a."

9.  By regulation the RE code of 3 is the proper code to assign 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.  

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his uncharacterized discharge should be changed and he should be given a more favorable RE code.

2.  The applicant did not complete 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 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 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.  By regulation, an RE code of 3 is the proper code to assign members who were separated under the provisions of Army Regulation 635-200, by reason of entry level status with an SPD code of JGA.  An RE code of 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.  

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)                                         AR20090009508



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ABCMR Record of Proceedings (cont)                                         AR20100021734



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