BOARD DATE: 28 June 2012
DOCKET NUMBER: AR20120001461
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show item 27 (Reentry (RE) Code) as "1."
2. The applicant states he wants to enlist in the U.S. Navy but the recruiter said his RE code is wrong. The RE code is supposed to be under 3, a 4, or an 8. He originally enlisted in the U.S. Army Reserve (USAR) and entered basic training but unfortunately he did not complete the training due to behavioral issues. He had the wrong mind set and attitude and wants a second chance because the military can benefit him in a lot of ways.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the USAR on 28 July 2011 and entered active duty for training on 6 September 2011 at Fort Leonard Wood, MO.
2. Between 16 September and 6 October 2011, he was counseled on numerous occasions by various members of his chain of command on his disrespectful behavior to other trainees, failure to obey general orders/regulations, disregard for Army values, leaving Army equipment unsecured, and his insubordination toward an officer and noncommissioned officer.
3. On 25 October 2011, the applicant was notified by his immediate commander of his intent to process him 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 failure to adapt to the military and his lack of respect that showed he had no military bearing. On 25 October 2011, he acknowledged receipt of the separation notification and indicated he did not want to remain in the Army.
4. On 25 October 2011, his 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 inability to adapt to the military lifestyle. He further stated the applicant's disrespectful behavior and lack of discipline showed he had no military bearing.
5. On 2 November 2011, the separation authority approved his discharge action under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct and directed that he receive an uncharacterized discharge. On 8 November 2011, he was discharged accordingly.
6. The DD Form 214 he was issued confirms he 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." He completed 2 months and 3 days of creditable active service.
7. 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.
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 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."
9. 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 in pertinent part:
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 for enlistment unless a waiver is granted.
c. RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification.
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, he 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, he 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.
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