BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023494 


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, in effect, his discharge be upgraded to an honorable discharge (HD) and that his reentry eligibility (RE) code of RE-3 be changed.

2.  The applicant states:

	a.  he has been out of the service for 8 months and desires to find gainful employment within the government, military, or civilian sector;

   b.  he has been unable to secure his desired employment with the RE code he was assigned and the type of discharge he received; and
   
   c.  he wants his discharge upgraded to an HD.
   
3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 22 November 2010.  He entered his initial entry training at Fort Sill, Oklahoma.


2.  His record contains six DA Forms 4856 (Developmental Counseling Form) dated between 4 January and 10 February 2011 which shows he was formally counseled for the following infractions:

* Failure to meet movement
* Failure to report on time
* Failure to report
* Recommendation for separation
* Failure to meet the standards in his current point in training

3.  On 25 January 2011, the applicant underwent a mental status evaluation that showed:
* his behavior and thought content were normal
* he was fully alert and oriented
* he had an unremarkable mood
* his affect was congruent and appropriate
* his thinking process was clear
* his judgment, impulse control, concentration and memory was fair
* he was mentally responsible, met retention requirements, and had the mental capacity to understand and participate in separation proceedings

4.  On 3 February 2011, the applicant accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to obey a lawful order when he did not report back on time from home block leave.

5.  On 23 May 2012, the applicant's unit commander notified the applicant that he was initiating action to separate him under the provisions of chapter 11, Army Regulation 635-200, by reason of entry-level performance and conduct.  The unit commander cited the applicant's inability to adapt to military standards, his struggles in basic training, lack of response to his drill sergeants attempts at intervention, and his multiple profiles which limited the impact of his activities thereby resulting in the applicant's minimal improvement in pain and function as his reasons for taking separation action.

6.  Having acknowledged receipt of the proposed separation action, its effect, the rights available to him, and the effects of any action taken to waive his rights, the applicant declined representation by counsel, a medical examination prior to discharge, and to submit a statement on his own behalf.


7.  On 22 February 2011, the separation authority approved the entry-level performance and conduct separation action for the applicant under the provisions of chapter 11, Army Regulation 635-200.  On 8 March 2011, the applicant was separated accordingly.

8.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of his separation confirms he was separated under the provisions of chapter 11, Army Regulation 635-200, by reason of entry-level performance and conduct.  It also confirms he completed a total of 3 months and 8 days of active duty service.

9.  The DD Form 214 also shows the following in the items indicated:

* item 24 (Character of Service) - UNCHARACTERIZED
* item 26 (Separation Code) - JGA
* item 27 (Reentry Code) - 3

10.  After having carefully reviewed the applicant’s record and the issues he presented, the Army Discharge Review Board concluded the applicant’s discharge was proper and equitable, and voted to deny his request for an upgrade of his discharge and RE code.

11.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  This provision applies to personnel who could not meet the standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  An "uncharacterized" service description is 
normally granted to Soldiers separating under this chapter.  A general discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted.  An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

12.  Army Regulation 635-200 provides 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 Regular Army, U.S. Army Reserve, and Army National Guard and includes a list of Armed Forces RE codes.  RE-3 applies to persons who have a waivable disqualification.


13.  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 the SPD code JGA is the appropriate code to assign to members separated under the provisions of chapter 11, Army Regulation 635-200, because of entry-level performance and conduct.

14.  The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The SPD code JGA has a corresponding RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his uncharacterized discharged should be upgraded to an HD and his RE code of "3" should be changed.

2.  The evidence of record confirms that separation action was initiated on the applicant while he was in an ELS status prior to completing 180 days of continuous active military service.  The record further shows the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The record also shows the applicant's service was described as uncharacterized as a result of his being separated while in an ELS status.  A Soldier is in an ELS status, or probationary period, for the first 180 days of continuous active duty.  The issuance of a general discharge to members in an ELS status is not authorized and an honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  Given no such unusual circumstances are present in the applicant's record, there is an insufficient evidentiary basis to support any change to the characterization of his service as uncharacterized.

4.  Finally, by regulation, the proper RE code to assign to members separated due to performance and conduct while in an entry-level status is "3." Therefore, the applicant's assigned RE code is appropriate and remains valid.


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)                                         AR20110023494





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ABCMR Record of Proceedings (cont)                                         AR20110023494



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