IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20120000255 


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 her reentry eligibility (RE) code so she may enlist in the Army as soon as possible.

2.  The applicant states she believes she was under extreme stress at the time of her entry for basic training due to the death of her father and other issues at home.  As a result, she was not able to apply herself correctly to training and did not complete it successfully.  She states she has since made great strides in personal growth and development and would be an asset to the Army on this and any future date.  She further states she delayed her attempt at reenlistment until she was positive she was able to complete training in an exemplary manner.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 25 March 2004 for a period of 4 years and training as an intelligence analyst.  She was assigned to Fort Jackson, South Carolina, to undergo basic training.

3.  On 25 May 2004, she underwent a mental status evaluation and was diagnosed as having an adjustment disorder with depressed mood.  The examining official indicated that she was unmotivated for further training and had struggled with injuries and poor duty performance.  She is preoccupied with concerns and problems back home and lacks the desire to be in basic combat training any longer.  She reports feeling depressed with problems sleeping and concentrating.  Her history reveals that she dropped out of high school and earned a general education degree.  The examining official recommended her administrative discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 11.

4.  On 28 May 2004, the applicant's commander notified the applicant that he was initiating action to discharge her from the service under the provisions of Army Regulation 635-200, chapter 11, due to her adjustment disorder and her inability to compete training.

5.  The applicant declined the opportunity to consult with counsel and elected not to submit a statement in her own behalf.

6.  The appropriate authority approved the recommendation for discharge and directed that her service be uncharacterized.

7.  Accordingly, she was discharged on 15 June 2004 under the provisions of Army Regulation 635-200, chapter 11, due to entry-level performance and conduct.  She completed 2 months and 21 days of active service.  She was assigned a separation program designator (SPD) code of "JGA" and an RE code of "3."

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 provides for the separation of personnel for unsatisfactory performance or conduct (or both) while in an entry-level status (less than 180 days of active service).  This policy applies to individuals who have demonstrated that they are not qualified for retention because they cannot meet the minimum standards prescribed for successful completion of training and they lack the aptitude, ability, motivation or self-discipline for military service, or that they have demonstrated characteristics not compatible with satisfactory continued service.  Personnel separated under this provision will be separated with their service uncharacterized.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides guidance for the issuance of RE codes upon separation from active duty.  It states, in part, that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  Personnel desiring to obtain a waiver must apply to their nearest Armed Forces Recruiting Station.

10.  Army Regulation 635-5-1 (SPD Codes) provides the SPD codes to be used to designate the authority and reason for separation.  The code "JGA" denotes a separation for entry-level performance and conduct under the provisions of Army Regulation 635-200, chapter 11.  The SPD/RE Code Cross Reference Table states when the SPD code is “JGA” then RE code 3 will be given.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.

2.  The type of discharge directed and the reasons were therefore appropriate given the circumstances in her case.  Accordingly, there appears to be no basis for granting the applicant's request

3.  The applicant was issued the proper RE code commensurate with her separation and there is no error or injustice.  She is not precluded from applying for a waiver of her RE code at any nearby recruiting office.  However, she should be advised that waivers are granted based on the needs of the Army at the time of application and may vary over time as the needs of the service change.

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)                                         AR20120000255



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ABCMR Record of Proceedings (cont)                                         AR20120000255



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