IN THE CASE OF:	  

		BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120013048 


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 correction of Separation Code "JHJ" and Reentry (RE) Code "3" on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his chain of command did not help him and did not lead him and other Soldiers in the right direction.  He states he was administered an Army Physical Fitness Test (APFT) every two days against Army regulations.  He loves the military and he is working with recruiters to rejoin the Army.

3.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the Army National Guard, the applicant enlisted in the Regular Army (RA) on 1 April 2010.  He completed training and he was awarded military occupational specialty 12W (carpentry and masonry).

2.  During the applicant's assignment to the 544th Vertical Combat Support Company, 52nd Engineer Battalion, Fort Carson, CO he received the following counseling statements:  

* 23 August 2010 for APFT failure (for record test)
* 27 October 2010 for APFT failure (for record test)
* 
23 November 2010 for APFT failure (for record test)
* 13 January 2011 for APFT failure (for record test)
* 23 March 2011 for substandard performance

3.  The record includes a partial copy of his commander's recommendation to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 13 for unsatisfactory performance.  The reason for separation cited by the commander was the applicant's APFT failures.

4.  On 19 May 2011, the applicant was advised by consulting counsel of the basis for the contemplated separation action and of the impact of the discharge action.  The applicant signed a statement indicating he was advised he was being recommended for discharge under the provisions of Army Regulation
635-200, chapter 13.  He elected to submit a statement in his own behalf; however, no such statement is available for review.

5.  On 3 June 2011, the appropriate authority approved the elimination packet and directed the applicant receive an honorable discharge under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance.

6.  On 28 June 2011, the applicant was discharged from the service after completing 1 year, 2 months, and 28 days of creditable active service.  The
DD Form 214 he was issued at the time shows in:

* item 24 (Character of Service) the entry "HONORABLE"
* item 26 (Separation Code) the entry "JHJ"
* item 27 (Reenlistment Code) the entry "RE-3"
* item 28 (Narrative Reason for Separation) the entry "UNSATISFACTORY PERFORMANCE"

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 of that regulation provides, in pertinent part, that a member may be separated when it is determined that he or she is unqualified for further military service because of unsatisfactory performance.  Commanders will separate a Soldier for unsatisfactory performance when it is clearly established that, in the commander’s judgment, the Soldier will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.

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 JHJ is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 13, by reason of unsatisfactory performance.  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 JHJ.

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 Regular Army (RA) and the U.S. Army Reserve.  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 for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the assigned RE and SPD codes on his
DD Form 214 should be changed was carefully considered.  However, the available evidence shows he was involuntarily discharged from active duty under the provisions of Army Regulation 635-200, chapter 13.  By regulation, this mandated an assignment of an SPD code of "JHJ" and a corresponding RE code of "3."

2.  There is no evidence in the applicant's available military service records and he has not provided evidence showing his chain of command led him in the wrong direction.  Furthermore, his chain of command gave him more than ample time to prepare for and to pass his APFT.

3.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  Based on the authority and reason for his separation, he was properly assigned the SPD code of "JHJ" and the RE code of "3."  There is no evidence of an error or injustice related to the entries in question; therefore, they were valid at the time of separation and remain valid today.  No other SPD or RE codes would be appropriate in this case.
4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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.

ABCMR Record of Proceedings (cont)                                         AR20120013048



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ABCMR Record of Proceedings (cont)                                         AR20120013048



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