IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000387
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 separation code to a code that will allow him to immediately enlist in the Minnesota Army National Guard (MNARNG).
2. The applicant states:
* he was separated with an honorable discharge
* he is trying to enlist in the MNARNG, but he was informed he would have to wait 2 years with separation code "JHJ" before he can enlist
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 2 August 2011. He was honorably discharged on 25 July 2012 for unsatisfactory performance.
2. The DD Form 214 he was issued at the time shows in:
* Item 25 (Separation Authority) the entry "AR (Army Regulation) 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), CHAP (Chapter) 13"
* Item 26 (Separation Code) the entry "JHJ"
* Item 27 (Reentry Code) the entry "3"
* Item 28 (Narrative Reason for Separation) the entry "UNSATISFACTORY PERFORMANCE"
3. 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.
4. 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 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. 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 separation code and RE code used in the applicant's case are correct and were applied in accordance with the applicable regulations. Therefore, there is no basis for granting the applicant's requested relief.
2. 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) AR20130000387
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ABCMR Record of Proceedings (cont) AR20130000387
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