IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100028482 


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 change of his reentry eligibility (RE) code from RE-3 to RE-1.

2.  He states that while on pass for taking care of a financial obligation at home, he called his unit and he was advised to take care of his finances and get back as soon as possible.  He asked if he should fly or take the bus and his drill sergeant advised him to just take the bus as it was cheaper.  When he reported back to his unit, he was truly surprised that he was listed as being absent without leave (AWOL) because his drill sergeant indicated that everything was OK during their conversation.  He was advised at out-processing that he could reenter military service after 6 months; however, he now finds that this is untrue.  He is seeking this change so he can reenter military service.  He has approximately
6 years of good time in the Army, Army National Guard (ARNG), and the U.S. Army Reserve (USAR).

3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Regular Army (RA) on 22 February 2010, in the rank/grade of private first class (PFC)/E-3, for a period of 3 years and 16 weeks.  He did not complete advanced individual training and was not awarded a military occupational specialty.

2.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 3 March 2010, found the applicant's behavior to be normal, cooperative, and fidgety.  He was fully alert and fully oriented.  His mood affect was stressed and congruent.  His thinking process was found to be clear, his thought content was normal, and his judgment was poor.  His impulse control was found to be fair and his concentration and memory were poor.  The evaluating licensed clinical social worker cleared the applicant for return to his unit with follow-up as scheduled.

3.  An accountability report prepared by the applicant's battery commander stated that on 6 March 2010, the applicant contacted his drill sergeant reference his whereabouts.  The applicant stated that he had run off because his vehicle was going to be repossessed and he needed to handle it.  The drill sergeant convinced the applicant to return to his unit and face the chapter [discharge] the right way.  The applicant agreed.  The applicant's mother was later contacted and she stated that she had not seen the applicant for over 2 weeks and she did not know his whereabouts.

4.  On 10 March 2010, the applicant returned to his unit.  He received counseling for being AWOL and disobeying a direct order.

5.  On the same day, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for being AWOL from 6 to 
10 March 2010.  He did not appeal the punishment.

6.  On 16 March 2010, the applicant's company commander initiated action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 11.  The commander stated the applicant was experiencing difficulties developing into a Soldier and adjusting and adapting to the military lifestyle.  Primarily his health situation would significantly limit his ability to perform the training required to complete the Warrior Transition Course (WTC).

8.  On 16 March 2010, he acknowledged the proposed separation action and elected not to consult with counsel or submit a statement in his own behalf.  He also acknowledged that any further application for enlistment in the U.S. Army after his discharge would be in accordance with 601-210 (Active and Reserve Components Enlistment Program) or other applicable enlistment regulations.

9.  On 16 March 2010, the applicant's company commander recommended the applicant's separation due to his difficulties adjusting to the military environment. He stated that since the applicant's arrival to the battery, he had not adhered to 

the Army standards or what was expected of a Soldier and he failed to adapt to the Soldierization process.  Primarily he had expressed back problems which would significantly limit his ability to perform the training required to complete the Warrior Transition Course (WTC).  At that time, it was in the applicant's best interest to return to his home and in the Army's best interest to have him administratively separated.

10.  On 17 March 2010, he received counseling for his separation under the provisions of Army Regulation 635-200, chapter 11, based on his poor performance and behavior.

11.  On 23 March 2010, the appropriate separation authority approved the applicant's discharge for entry level performance and conduct with service uncharacterized.

12.  He was discharged from active duty on 31 March 2010 under the provisions of Army Regulation 635-200, chapter 11, in the rank/grade of PFC/E-3.  He was credited with completing 1 month and 9 days of creditable active service and no time lost.  He was assigned a separation code of JGA and an RE code of 3.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, paragraph 11-2a, provides for the separation of personnel who have completed no more than 180 days of creditable continuous active duty and have demonstrated that they are not qualified for retention because of unsatisfactory performance or conduct (or both).  This policy applies to individuals who demonstrate that they will not qualify for retention because they will not adapt socially or emotionally to military life, or because they lack the aptitude, ability, motivation or self discipline for military service, or that they demonstrate characteristics not compatible with satisfactory continued service.  Service will be uncharacterized for separation under the provisions of this chapter.

14.  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 that the SPD code JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JGA.

15.  Army Regulation 635-200 further states 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 RA and the USAR.  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term 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 for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged on 31 March 2010, under the provisions of Army Regulation 635-200, chapter 11 and assigned an SPD code JGA and RE code of "3."  In accordance with Army Regulation 601-210, his assigned RE code of 3 is consistent with the SPD/RE code cross reference table for Soldiers discharged for entry level performance and conduct.  The evidence also shows he was properly discharged in accordance with pertinent regulations, with due process.  

2.  There is no evidence of record and he provided none to show that his assigned RE code of “3” is in error or unjust.  Therefore, he has established no basis for changing his existing RE code.  RE codes are not to be considered derogatory in nature, they are simply codes used for identification of an enlistment processing procedure.  

3.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.

4.  In view of the foregoing, there is no basis for granting his requests.

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)                                         AR20100028482



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ABCMR Record of Proceedings (cont)                                         AR20100028482



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