BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20120022106
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 his reenlistment eligibility (RE) code.
2. The applicant states he would like to reenlist so he can serve his country and his family by serving in the Armed Forces. He was discharged for failing to meet minimum standards with the M-16 Rifle and for failure to follow an order. He believes that his lack of success with the M-16 Rifle was due to inadequate training and the failure to follow an order was due to misinformation. It was not due to belligerence or willful misconduct.
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 U.S. Army Reserve (USAR) on 9 September 2011.
2. He entered Initial Active Duty for Training (IADT) on 6 March 2012.
3. On 5 May 2012, he was discharged with an uncharacterized entry level separation.
4. The details of his separation are not contained in the available records. His DD Form 214 shows he was discharged with an uncharacterized entry level separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11. He was assigned separation code JGA and RE code 3.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) lists the specific authorities and reasons for separating Soldiers from active duty and the corresponding SPD codes to be entered on the DD Form 214. It identifies SPD code JGA as the appropriate code to assign to enlisted Soldiers involuntarily released under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment, reenlistment, and processing into the Regular Army, USAR, and Army National Guard. Table 3-1 provides a list of RE codes and shows RE code 3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation. They are ineligible for reenlistment unless a waiver is granted.
7. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper code to assign to Soldiers separated with SPD of JGA.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he was separated for entry level performance and conduct under the provisions of Army Regulation 635-200, chapter 11.
2. Based on the authority and reason for the applicant's separation, he was appropriately assigned RE code 3.
3. He provided no evidence or convincing argument to show the current RE code was inequitable. The applicant can seek a waiver if he wishes to reenter military service.
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.
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