IN THE CASE OF:	  

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120008784 


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 change of his reentry eligibility (RE) code from RE-3 to RE-1 or RE-2.

2.  The applicant states he would like to serve in the Air National Guard but his current RE code precludes his eligibility to serve.  He further states that choosing to quit during basic training was a mistake he made when he was 19 years old and it is a mistake he regrets on a daily basis.  Since then, he has matured and would like to have the opportunity to serve his country before it is too late.  He is now 31 years old and he has a family and a career, so the National Guard is his option to serve.  He contends he recently completed the police academy and graduated 3rd in a class of 46 and he also received recognition from a police chief for saving the life of a man who was suffering a heart attack.  He is working full time and finishing college and hopes that upon completion of school he will have the chance to join the National Guard and serve for years to come.  

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 (RA) on 20 April 2000.

3.  On 11 September 2000, his immediate commander initiated a separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 (Entry Level Performance and Conduct).  The immediate commander cited as the specific reason for the proposed separation the applicant's inability to adapt socially or emotionally to military life.  The applicant acknowledged notification of the separation action on the same day.

4.  He was advised the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 11 and its effects, of the rights available to him, and of the effect of any action taken by him to waive his rights.  As a result, he waived consulting counsel and a personal appearance before an administrative separation board.  He also elected not to submit any statements in his own behalf.

5.  On 11 September 2000, the appropriate authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 11 with service uncharacterized based on an entry-level separation.

6.  On 2 October 2000, he was discharged accordingly.  He completed 4 months and 18 days of creditable active service.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows in:

* item 26 (Separation Code) the entry "JGA"
* item 27 (Reentry Code) the entry "3"
* item 28 (Narrative Reason for Separation) the entry "Entry Level Performance and Conduct"

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  

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 SPD code JGA is the appropriate code to assign to 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-3 code will be assigned to members separated under these provisions with an SPD code of JGA.

9.  Army Regulation 635-200 further states 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 (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).  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.  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.  However, on
28 February 1995 Army Regulation 635-200 was revised effecting the discontinued use of RE-2.

	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:

1.  The applicant's request for change of his RE-3 code to an RE-1 or RE-2 code has been carefully considered.

2.  He was assigned an SPD code of "JGA" indicating he was discharged due to entry level performance and conduct.  As such, the corresponding RE-3 code was correctly entered on his DD Form 214 in accordance with the governing regulations.  Therefore, there is no basis for granting the applicant's requested relief.

3.  His post-service conduct and accomplishments are commendable and his desire to continue in the service of his country is noted; however, the ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to change his RE code, this does not mean that he is permanently disqualified from reentering military service.

4.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process 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)                                         AR20120008784



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ABCMR Record of Proceedings (cont)                                         AR20120008784



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