BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110019157 


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 amendment of his reentry eligibility (RE) code from RE-3 to a more favorable code so he may reenter military service.  He also requests a personal hearing.

2.  The applicant states he was discharged for an action he did not commit and he was told he could reenter military service in 6 months.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 June 2010.  He was assigned to Fort Benning, GA, for training.

2.  He was frequently counseled by his chain of command for various infractions including multiple instances of missing training, being disruptive, failing to follow instructions, lacking ability to accept the "soldierization" process, lacking aptitude and self-discipline, and lacking ability to adapt to military life.

3.  On 16 August 2010, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for disobeying a lawful order from his commanding officer not to have, buy, possess, or use contraband without permission while in training.

4.  On 23 September 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 (Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry-level performance and conduct.  The specific reasons for the proposed action were that the applicant demonstrated character and behavior characteristics that were not compatible with military service and he could not adapt to military life.  He was further advised that if the request for separation were approved, he would receive an entry-level status discharge.

5.  On 23 September 2010, the applicant acknowledged receipt of the separation notification action.  He was afforded the opportunity to consult with counsel, but he declined this opportunity.  He was advised of the basis of the contemplated action to separate him for entry-level performance and conduct under chapter 11 of Army Regulation 635-200 and its effects, of the rights available to him, and of the effect of any action taken by him in waiving his rights.  He elected not to submit a statement on 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 27 September 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 5 October 2010.

8.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued confirms he was discharged in accordance with Army Regulation 635-200, chapter 11, with uncharacterized service.  This form shows he completed 3 months and 14 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 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision of the regulation applied to individuals who were in an entry-level status and completed no more than 180 days of continuous active duty before the date of the initiation of separation action.  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 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 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of Regular Army RE codes.

* an RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army – they are qualified for enlistment if all other criteria are met
* an 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

12.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record.  It states the Director, ABCMR, will manage the ABCMR day-to-day operations.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a personal appearance hearing was carefully considered.  However, an applicant is not entitled to a hearing before the Board by regulation.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

2.  The evidence of record shows the applicant did not or could not adjust to military life as evidenced by his lack of motivation and lack of self-discipline.  Accordingly, his chain of command initiated separation action against him.

3.  His SPD and RE codes were assigned based on his discharge 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 this paragraph is "entry-level performance and conduct."

4.  The appropriate SPD 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.

5.  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.

6.  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 requirements at the time and 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 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)                                         AR20110019157



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ABCMR Record of Proceedings (cont)                                         AR20110019157



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