IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120003093 


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 an upgrade of his characterization of service and reentry (RE) code.  

2.  The applicant states in his junior year of high school he enlisted for airborne training; however, during his senior year he injured his knee playing football.  He claims he continued to have severe pain in his knee during training and since he was unable to train, he was discharged while in an entry level status (ELS).  He states since his discharge he has strengthened his knee and is requesting an upgrade in hopes of rejoining the military.  

3.  The applicant provides no documentary evidence in support of his request. 

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 record shows the applicant enlisted in the Regular Army (RA) on 7 June 1991, and was assigned to Fort Benning, Georgia to attend training.  His record documents no acts of valor or significant achievement.  His disciplinary history contains an extensive record of counseling for missing training.  

3.  On 29 July 1991, his unit commander notified the applicant he was initiating action to separate him based on his repeated absences from training due to physical problems incurred prior to military service.  The unit commander informed him of the basis for the separation action and of his rights in connection with the action. 

4.  On 29 July 1991, the applicant completed an election of rights statement in which he indicated he did not desire to take a separation medical examination and did not desire to consult with legal counsel.

5.  On 30 July 1991, the separation authority approved the applicant’s separation under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations), by reason of entry level performance and conduct.  On 2 August 1991, the applicant was discharged accordingly.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant at the time showed he held the rank of private/E-2 and had completed a total of 1 month and 26 days of active military service.  It also shows that based on the authority and reason for his discharge, he was assigned a Separation Program Designator (SPD) code of JGA, an RE code of 3, and given an uncharacterized character of service.  

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.   Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS).  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  A general discharge under honorable conditions is not authorized under ELS conditions and an honorable discharge is rarely ever granted.  

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.  An RE code of "3" applies to persons who have a waivable disqualification.  


Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.  

8.  Army Regulation 635-5-1 (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 provides for assigning the SPD code JGA to Soldiers separated under the provisions of chapter 11, Army Regulation 635-200 by reason of ELS performance and conduct.  The Department of the Army SPD/RE Code Cross Reference Table stipulates that an RE code of "3" is the proper code to assign members who are separated by reason of ELS performance and conduct and who are assigned an SPD code of "JGA."  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for an upgrade of the characterization of his service and RE code has been carefully considered; however, there is insufficient evidence to support this claim.

2.  The evidence of record confirms 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.  As a result, there is an insufficient evidentiary basis to support an upgrade of the characterization of his service.  

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

4.  By regulation, the RE code assigned is based on the SPD code assigned as a result of the authority and reason for separation and RE code of "3" was the proper code to assign the applicant based on the authority and reason for separation.  As a result, the RE code of "3" was and remains valid.  

5.  The applicant is advised that an RE code of "3" indicates a waviable disqualification.  Therefore, if he desires to reenlist he should contact local recruiting officials who are responsible for processing RE code waivers.  



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)                                         AR20120003093



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ABCMR Record of Proceedings (cont)                                         AR20120003093



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