IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110005500
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 two separate applications, that items 26 (Separation Code) and 27 (Reentry Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.
2. The applicant states:
* he has done nothing to have Reentry Eligibility (RE) code 3 present
* he was told by his recruiter that he would be able to reenlist in 2 years or at some time in the future
* he was told by his recruiter that his separation code "JGA" states he was pregnant and being a male makes that physically impossible
* he was told he would be able to reenlist when he was better capable of dealing with the stress of being away from his home and family
* his discharge was based on his immaturity at the time he was in basic training
* he was not aware that he had a bar to reenlistment until he attempted to reenlist
* although his RE code 3 is waiverable he would like for it to be changed to one which will allow him to reenlist
3. The applicant provides a "Memo" dated 20 July 2011 and five copies of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 2 January 2008.
2. The applicant was counseled eight times between 2 April and 10 April 2008 for the following:
* disobeying lawful orders given by noncommissioned officers
* dereliction of duty
* failure to go to his appointed place of duty
* malingering
* field training exercise restart
* possession of contraband
3. On 14 April 2008, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct. He acknowledged receipt of the notification and he waived his right to consult with counsel.
4. The recommendation for discharge was approved on 16 April 2008. He was discharged on 29 April 2008 under the provisions of Army Regulation 635-200, chapter 11, for entry lever performance and conduct. He completed 3 months and 28 days of net active service and his service is uncharacterized.
5. Item 26 on his DD Form 214 shows he received a JGA (Entry Level Performance and Conduct) Separation Program Designator (SPD) and item 27 shows he received an RE code 3.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE code 3 applies to persons who have a waivable disqualification.
7. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
8. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause. The SPD code of JGA has a corresponding RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is no error or injustice in the RE code he received. His records show that he was discharged from the Army for entry level performance and conduct. He received SPD code JGA which coincides with his reason for discharge. He received an RE code 3 which coincides with his SPD code.
3. The applicable regulation shows that SPD code JGA is assigned when the reason for discharge is entry level performance and conduct. The regulation does not show that SPD code JGA is assigned to individuals who are pregnant.
4. Although the applicant desires to reenter the military, it is insufficient justification for granting the relief requested.
5. As stated by the applicant, an RE code 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 reenlist, he should contact a local recruiter to determine his eligibility. Recruiting personnel can best advise a former service member as to the needs of the Army at the time and are required to process waivers of RE codes.
6. In view of the foregoing, his request should be denied.
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) AR20110005500
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ABCMR Record of Proceedings (cont) AR20110005500
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