IN THE CASE OF:	  

		BOARD DATE:  17 January 2013

		DOCKET NUMBER:  AR20120012133 


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 amendment of his reentry eligibility (RE) code from RE-3 to a more favorable code so that he may reenter military service.  

2.  The applicant states he did not complete basic training due to personal reasons.  He further states he matured and realizes his mistake.  He would now like to serve again; however, his recruiter says it is not possible with his RE code.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 August 2011.  He was assigned to Fort Benning, GA, for training.

2.  He was frequently counseled by his chain of command for various infractions including multiple instances of missing training, being disruptive, failing to follow instructions, lacking ability to accept the "soldierization" process, lacking aptitude and self-discipline, and lacking ability to adapt to military life.

3.  On 19 September 2011, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being derelict in the performance of his duties on 4 September 2011.

4.  On 27 September 2011, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry-level performance and conduct.  The specific reasons for the proposed action were that the applicant demonstrated character and behavior characteristics that were not compatible with military service and he could not adapt to military life.  He was further advised that if the request for separation were approved, he would receive an entry-level status discharge.

5.  On 27 September 2011, the applicant acknowledged receipt of the separation notification action.  He was afforded the opportunity to consult with counsel, but he declined this opportunity.  He was advised of the basis of the contemplated action to separate him for entry-level performance and conduct under chapter   11 of Army Regulation 635-200 and its effects, of the rights available to him, and of the effect of any action taken by him in waiving his rights.  He elected not to submit a statement on his own behalf.

6.  Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against him in accordance with Army Regulation 
635-200, chapter 11.

7.  On 29 September 2011, the separation authority approved the applicant's discharge from the Army in accordance with Army Regulation 635-200, chapter 11, by reason of entry-level performance and conduct, failure to adapt to military environment.  Accordingly, the applicant was discharged on 6 October 2011.

8.  The DD Form 214 he was issued confirms he was discharged in accordance with Army Regulation 635-200, chapter 11, with uncharacterized service.  This form shows he completed 1 month and 14 days of creditable active military service.  Additionally, this form shows in:

* item 26 (Separation Code), the entry "JGA"
* item 27 (Reentry Code), the entry "3"

9.  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 or conduct, or both, while in an entry-level status.  This provision of the regulation applied to individuals who were in an entry-level status and completed no more than 180 days of continuous active duty before the date of the initiation of separation action.  It further applied to individuals who had demonstrated 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 regulation required an uncharacterized description of service for separation under this chapter.

10.  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 SPD code JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200 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.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of Regular Army RE codes.

* an RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army – they are qualified for enlistment if all other criteria are met
* an 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 evidence of record shows the applicant did not or could not adjust to military life as evidenced by his lack of motivation and lack of self-discipline.  Accordingly, his chain of command initiated separation action against him.

2.  His SPD and RE codes were assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 11, due to his entry-level performance and conduct.  Absent the unacceptable performance during initial training, there was no fundamental reason to process him for discharge.  The underlying reason for his discharge was his entry-level performance and conduct. 
The only valid narrative reason for separation permitted under this paragraph is "entry-level performance and conduct."

3.  The appropriate SPD code associated with this type of discharge is JGA and the corresponding RE code associated with this discharge is RE-3, both of which are correctly shown on his DD Form 214.  
4.  The applicant is advised that although no change is being recommended to his RE code, this does not mean that he is disqualified from reentering military service.

5.  An RE-3 code applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  If the applicant still desires to reenter military service, he should contact a local recruiter who can best advise a former service member as to the service requirements at the time and may submit a waiver for enlistment.

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)                                         AR20120012133



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ABCMR Record of Proceedings (cont)                                         AR20120012133



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