IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110005608
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 so he can reenter military service.
2. He states fighting for his country is all he has ever wanted. He admits that he messed up once due to family issues back home, but it won't happen again.
3. He provides no additional documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 7 July 2010. He did not complete basic training.
2. On 20 September 2010, the applicant's unit commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level status performance and conduct. The unit commander cited the reasons for the separation action as the applicant's lack of motivation and refusal to restart and train, failure to live up to the Army Values, and failure to adapt to Army life as supported by 11 negative DA Forms 4856 (Developmental Counseling Form) during the period 10 August to 17 September 2010.
3. On 20 September 2010, he declined to consult with legal counsel and he did not submit statements in his own behalf.
4. The separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry level status performance and conduct with service uncharacterized.
5. He was accordingly discharged on 28 September 2010. He completed
2 months and 22 days of creditable active service.
6. Item 26 (Separation Code) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows the entry JGA with an RE code of 3.
7. References:
a. Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status. It states, in pertinent part, that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states the character of service for members separated under the provisions of this chapter will be uncharacterized.
b. Army Regulation 635-5-1 (Special 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."
c. 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 U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
* 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
* 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 applicant's statements in regard to his request for changing his RE code are acknowledged. However, his service record does not indicate an error or injustice exists in his case.
2. He was discharged on 28 September 2010 under the provisions of Army Regulation 635-200, chapter 11, based on entry level performance and conduct.
3. His DD Form 214 shows he was separated with an SPD code of JGA and assigned an RE code of 3 in accordance with the governing regulation.
4. His RE code is based on his reason for discharge and it cannot be changed unless his narrative reason for his separation is changed. His narrative reason for separation was based on entry level status performance and conduct. There is no basis upon which this reason should be changed. Therefore, there is no basis for granting relief in this case
5. 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 may process RE code waivers.
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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