IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20120000308
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 the Reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so that he may be eligible to reenter the Army.
2. He states he did not want to leave the Army, but left due to a Red Cross message.
3. He does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 January 2011.
2. On 2 February 2011, the unit commander notified the applicant of his intent to recommend that he be separated from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations, paragraph
11-3, Entry Level Performance and Conduct. He cited the applicant's inability to adapt to military standards and refusal to train as justification for his recommendation.
3. On 2 February 2011, the applicant acknowledged receipt of the discharge action.
4. On 4 February 2011, he consulted with military counsel. After being advised of the basis for the contemplated separation and its effects and the rights available to him, he waived his rights and elected not to provide statements on his behalf.
5. On 4 February 2011, the appropriate authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 11, paragraph 11-3, and directed that an uncharacterized character of service discharge be issued.
6. His DD Form 214 shows he was issued an uncharacterized discharge on
15 February 2011 under the provisions of Army Regulation 635-200, chapter 11, Entry Level Performance and Conduct. He was credited with completing
1 month and 11 days of active service. Item 26 (Separation Code) shows he was assigned a code of "JGA" and item 27 shows his RE code as "3."
7. Army Regulation 635-200, chapter 11, provides for the separation of Soldiers in an entry-level status (ELS) (less than 180 days of creditable active service) who have demonstrated they are not qualified for retention. Specifically cited as an example which would render an individual not qualified for retention were those Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. Individuals discharged under the provisions of chapter 11 received an entry level performance and conduct statement as the narrative reason for their separation.
8. 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, in pertinent part, that the SPD code JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, 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.
9. Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
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. 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 unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant had less than 180 days of creditable active service at the time of separation and received an entry level performance and conduct discharge. He was assigned an RE code of 3 which is consistent with the reason for separation. He has failed to show his assigned RE code is in error or unjust.
2. There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the assigned RE code of 3. His desire to be able to enter the Army in the future was considered; however, there are no provisions authorizing the change of an RE code for this purpose.
3. If he desires to enlist he should contact a local recruiter to determine his eligibility. Those individuals can best advise a former service member as to the needs of the Army at the time and are required to process RE code waivers.
4. In view of the foregoing, there is no basis for granting his request.
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.
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