IN THE CASE OF:	  

		BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110022077 


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 his Reentry (RE) Code 3 be changed so that he may reenlist in the U.S. Army.

2.  The applicant states that he believes he deserved everything he received and possibly more.  He has been out of the military for about 17 months and realizes the mistake he made.  He would like to serve his country.  He is back in school with a grade point average of 3.33 and has been performing temporary work.  He is trying to better himself and wants a second chance to serve.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  On 9 June 2010, the applicant enlisted in the Regular Army.  He was assigned to Fort Benning, Georgia for the purpose of attending initial training.

2.  On 12 June 2010, the applicant's commander counseled him about his refusal to train.  The commander informed him that he was scheduled to begin training on 17 June 2010; and, that if he refused to comply he would possibly be recommended for action under the Uniform code of Military Justice.

3.  On 17 June 2010, the applicant's commander counseled him.  He was informed of the commander's intention to recommend that he be separated from the service under the provisions of Army Regulation 635-200, chapter 11, for an entry level status (ELS) separation due to his failure to adapt to the military environment and refusal to train.

4.  On 24 June 2010, the commander formally notified the applicant by memorandum of his ELS separation recommendation.

5.  24 June 2010, the applicant indicated that he did not desire to consult with counsel or to make a statement in his own behalf.

6.  On 24 June 2010, the applicant's commander submitted his recommendation for his separation to the battalion commander.

7.  The appropriate authority approved the recommendation and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 11, in an ELS, due to his performance and conduct, with issuance of an uncharacterized discharge.

8.  Accordingly, on 1 July 2010, the applicant was discharged.  He had completed 23 days of creditable active duty service.  The DD Form 214 issued to the applicant shows in:

* item 25 (Separation Authority) the entry "Army Regulation 635-200, chapter 11"
* item 26 (Separation Code) JGA
* item 27 (Reentry Code (RE)) 3
* item 28 (Narrative Reason for Separation) the entry "Entry Level Performance and Conduct"

9.  Army Regulation 601-210 (Active and Reserve Components 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.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities and 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 under the provisions of AR 635-200, Chapter 11, due to entry level performance and conduct.  Also, the SPD/RE Code Cross Reference Table establishes RE Code 3 as the proper RE code to assign to Soldiers for this reason.

11.  Army Regulation 635-200 (Personnel separations) governs the policies and procedures for the separation of enlisted personnel.

	a.  This regulation provides for an uncharacterized separation for Soldiers separated in an entry level status (ELS).  ELS is defined as the first 180 days of continuous active duty.

	b.  Chapter 11 of this regulation establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status.  Separation of a Soldier in entry level status may be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by, among other reasons, inability.  This policy applies to Soldiers who, among other reasons, have demonstrated they are not qualified for retention because, among other reasons, they cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE Code 3 should be changed so that he may reenlist in the U.S. Army.  He argues that he has matured and wants a second chance to serve.

2.  The RE Code 3, establishing his enlistment/reenlistment ineligibility without waiver, was correctly entered on his separation document in accordance with governing regulations.

3.  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 desire to continue in the service to his country is noted, however, there are no provisions authorizing the change of an RE Code for this purpose.

4.  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 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 enlistment waivers for the applicant’s RE Code.

5.  In view of the above, the applicant's 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)                                         AR20110022077





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ABCMR Record of Proceedings (cont)                                         AR20110022077



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