IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110024260
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show item 27 (Reentry (RE) Code) as "1" or "2" vice "3."
2. The applicant states she wants to join the U.S. Air Force and the recruiter said she needs an RE code of "1" or "2. She quit [the Army] while in basic training and tried to take it back but they would not let her.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she enlisted in the U.S. Army Reserve (USAR) on 25 February 2010 and entered active duty for training on 19 April 2010. She was assigned to 2nd Battalion, 60th Infantry Regiment, Fort Jackson, SC, for basic training.
2. On 25 May 2010, she was notified by her immediate commander of his intent to process her for separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 11, due to entry level status performance and conduct. The unit commander cited the applicant's refusal to complete the training necessary to graduate from basic training and that she had received the required counseling. On 25 May 2010, she acknowledged receipt of the separation notification.
3. On 25 May 2010, her immediate commander recommended the applicant be separated under the provisions of Army Regulation 635-200, chapter 11, due to entry level status performance and conduct. The unit commander cited the applicant's refusal to participate in numerous training events that were required to graduate from basic training.
4. On 27 May 2010, the separation authority approved her discharge action under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct and directed that she receive an uncharacterized discharge. On 9 June 2010, she was discharged accordingly.
5. The DD Form 214 she was issued confirms she was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct with an uncharacterized discharge. Item 26 (Separation Code) of this form contains the entry "JGA" and Item 27 contains the entry "3." She completed 1 month and 24 days of creditable active service.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.
7. 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 of "JGA" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct. The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated under these provisions with an SPD code of "JGA."
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the USAR. Table 3-1 shows the RE codes and states:
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. On 28 February 1995, the code of RE-2 was discontinued.
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:
The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200, chapter 11, with an SPD of "JGA." Based on this, she was appropriately assigned an RE code of "3" at the time of discharge. An RE code of "3" is the correct code for Soldiers separated by reason of entry level performance and conduct. Therefore, she is not entitled to the requested relief.
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) AR20110024260
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024260
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | DRB | CY2013 | AR20130002332
It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. The Regulation also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when the separation is initiated while...
ARMY | DRB | CY2013 | AR20130011022
However, documents submitted by the applicant show that on 20 August 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, paragraph 11-3b, AR 635-200, by reason of entry level performance and conduct because of her pregnancy. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. ...
ARMY | DRB | CY2013 | AR20130003974
The applicant requests an upgrade of her discharge from uncharacterized to general under honorable conditions and a change to the narrative reason for separation to medical. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. The separation authority approved the applicant's discharge as entry-level status, with the description of service as...
ARMY | DRB | CY2013 | AR20130007354
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD There are no counseling statements or UCMJ actions in the record. Moreover, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was told by her chain of command that she would receive an honorable discharge.
ARMY | BCMR | CY2009 | 20090013743
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Chapter 11 provided guidance for the separation of Soldiers due to unsatisfactory performance/and or conduct while in ELS and, before the date of initiation of separation action, and who completed no more than 180 days of creditable continuous active duty service.
ARMY | BCMR | CY2008 | 20080006420
On 22 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of chapter 11 of Army Regulation 635-200 (Enlisted Personnel Separations) by reason of entry-level status, with an uncharacterized discharge. On 29 June 2007, the applicant was discharged by reason of entry-level status after completing 5 months and 27 days of active military service. A separation code of "JGA" applies to persons who are separated under the provisions of...
ARMY | BCMR | CY2002 | 2002080424C070215
The regulation states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. Pertinent Army regulations provide 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 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives),...
ARMY | DRB | CY2013 | AR20130008793
It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. 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. The DD Form 214 indicates the applicant was discharged under...
ARMY | BCMR | CY2011 | 20110013469
The applicant requests that her reentry eligibility (RE) code of 3 be changed so she will be allowed to enlist in the Army. 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. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD...
ARMY | DRB | CY2013 | AR20130009818
The evidence of record shows that on 8 March 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for being evaluated by medical personnel for pain in her back. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD The record contains three negative counseling statements, dated 27 February 2013; all of them were for being recommended for Chapter 11, entry level separation. ...