BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110014044 


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 an
RE-3 to a more favorable code so he may reenter military service.

2.  The applicant states there is neither an error nor an injustice in his RE code.  He messed up during his military service by choosing to pursue a girl instead of his military service.  He made a mistake and he would like an opportunity to correct this mistake. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Separation packet
* Enlisted Record Brief

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 28 September 2010 for a period of 4 years.  He was assigned to Fort Sill, OK, for completion of training.

2.  He was frequently counseled by his chain of command for various infractions including missing training, disobeying orders, lack of discipline, and refusal to train.

3.  On 13 October 2010, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for disobeying a lawful order by a senior noncommissioned officer on 12 October 2010

4.  On 15 October 2010, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 11, by reason entry level performance and conduct.  The specific reasons for the proposed action were the applicant's lack of motivation, lack of self discipline, and continued unsatisfactory performance.  He was further advised that if the request for separation was approved, he would receive an entry level status character of service.

5.  On 15 October 2010, he acknowledged receipt of the separation notification action.  He further waived his right to a separation medical examination, declined to consult with counsel, and elected not to submit a written statement in his own behalf.

6.  Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against him in accordance with Army Regulation
635-200, chapter 11.

7.  On 19 October 2010, the separation authority approved the applicant's discharge from the Army in accordance with Army Regulation 635-200,
chapter 11, by reason of entry level performance and conduct.  Accordingly, the applicant was discharged on 1 November 2010.

8.  The DD Form 214 he was issued confirms he was discharged in accordance with Army Regulation 635-200, chapter 11, with an uncharacterized character of service.  This form also shows he completed 1 month and 4 days of creditable active military service.  Additionally, this form shows in:

* Item 26 (Separation Code), the entry "JGA"
* Item 27 (Reentry Code), the entry "3"

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty.  It further applied to individuals who 

had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The regulation required an uncharacterized description of service for separation under this chapter.

10.  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, 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.

11.  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:

	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.  Prior to 28 February 1995, RE-2 applied to Soldiers who were separated for the convenience of the Government in accordance with Army Regulation
635-200, chapters 5 and reenlistment was not contemplated.  They were fully qualified for enlistment/reenlistment if all other criteria were met.  However, on
28 February 1995, Army Regulation 635-200 was revised affecting the discontinued use of RE-2.

	c.  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 did not or could not adjust to military life as evidenced by his lack of motivation, lack of self-discipline, and continued unsatisfactory performance.  Accordingly, his chain of command initiated separation action against him.

2.  His separation and RE codes were assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, chapter 11, due to his entry level performance and conduct.  Absent the unacceptable performance during initial training, there was no fundamental reason to process him for discharge.  The underlying reason for his discharge was his entry level performance and conduct.  The only valid narrative reason for separation permitted under that paragraph is "Entry Level Performance and Conduct."

3.  The appropriate separation code associated with this type of discharge is "JGA" and the corresponding RE code associated with this discharge is RE-3, both of which are correctly shown on his DD Form 214.  Therefore, he is not entitled to the requested relief.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to his RE code, this does not mean that he is disqualified from reentering military service.

5.  An RE-3 code applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  If the applicant still desires to reenter military service, he should contact a local recruiter who can best advise a former service member as to the service at the time and who may submit a waiver for enlistment.

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)                                         AR20110014044



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ABCMR Record of Proceedings (cont)                                         AR20110014044



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