IN THE CASE OF:  

		BOARD DATE:  20 December 2011

		DOCKET NUMBER:  AR20110013469 


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 her reentry eligibility (RE) code of 3 be changed so she will be allowed to enlist in the Army. 

2.  The applicant states she never wanted to leave the Army.  She never said she was mentally not capable.  She was advancing physically and mentally very well in basic training.  She had received very good comments from her drill sergeant.  While she was at Fort Sill, OK, she learned her mother was all alone and struggling for her life.  She began to worry about her mother but she never showed any signs of stress or sadness.  She later learned her mother was hospitalized.  She alerted her battle buddy and the drill sergeant found out.  She was sent to the Behavioral Health facility. There she met with a civilian male who talked down to her and was very mean.  He told her the Army didn’t want her.  She was found fit for duty and returned to her unit.  The next day she was told she was leaving Fort Sill and being discharged.  She was told to go home and wait for six months and then reenlist.  The six months are now over and she wants to reenlist.   Her discharge papers bear false statements that she never made.  

3.  The applicant provides copies of her Bridgewater State College Certificate of Academic Achievement for Freshman Dean's List and a Target Retail Store "Great Team Heroes" congratulations announcement. 



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 October 2010.  She did not complete basic training.

2.  On 4 November 2010, she was notified by her company commander that he was recommending her for separation from the Army under the provisions of Army Regulation (AR) 635-200 (Enlisted Separations), chapter 11.  She acknowledged the basis for the contemplated separation and its effects, of the rights available to her, and the effect of any action taken by her in waiving her rights.  She waived representation by counsel and did not elect to submit a statement in her own behalf.  

3.  A 2 November 2010 DA Form 3822-R (Report of Mental Evaluation Status) conducted by a licensed Psychologist showed a Diagnostic Finding of Acute Stress Reaction.  Recommendations included "Routine Chapter 11 Separation.  Soldier is psychiatrically cleared to return to her unit.  Additionally, she is cleared to fully participate with any administrative action deemed appropriate by command." 

4.  A 4 November 2010 DA Form 4856 (Developmental Counseling Form), conducted by the her first sergeant, shows in Part III (Summary of Counseling) that the applicant was recommended for separation from the Army under the provisions of AR 635-200.  The first sergeant indicated his recommendation was based on the recommendation of Behavioral Health.   Additionally, he stated that the applicant presented a serious safety hazard for herself and others around her. 

5.  On 5 November 2010, the appropriate authority directed the applicant be separated from the Army prior to the expiration of her current term of service, under the provisions of AR 635-200, chapter 11, for entry level performance and conduct.  He further directed her service be uncharacterized.
 
6.  On 17 November 2010, the applicant was discharged.  She had completed 
1 month and 14 days of net active service.  Her DD Form 214 shows her character of service as uncharacterized.  She was issued a separation program designator (SPD) code JGA and an RE code of 3.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes.  RE 3 applies to persons separated from their last period of service with a waivable disqualification.  

8.  Army Regulation 635-5-1 (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.  The SPD code of JGA was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating due to entry-level performance and conduct.  Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3 as the proper RE code to assign to Soldiers separated for this reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her RE code of 3 should be changed so she will be allowed to reenlist.  She never wanted to leave the Army.  She never said she was mentally not capable.  Her discharge papers bear false statements that she never made.  

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  The RE code 3, establishing her enlistment/reenlistment ineligibility without waiver, was correctly entered on her DD Form 214 in accordance with governing regulations.

5.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE code 3.  The applicant’s description of the events and her desire to continue in the service to her country are noted; however, there are no provisions authorizing the change of an RE code for this purpose.

6.  The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if she desires to reenter military service, she should contact a local recruiter who can best advise her on her eligibility for returning to military service and advise a former service member as to the needs of the service at the time.  They are also responsible for processing enlistment waivers.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100030546



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ABCMR Record of Proceedings (cont)                                         AR20110013469



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