IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130001717
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 that his reentry eligibility (RE) code be changed from RE-3 to RE-1.
2. The applicant states he did not meet the standards of his military occupational specialty course; however, he would like to continue his military career in the U.S. Army Reserve (USAR).
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Having prior service in the U.S. Navy, the applicant enlisted in the Regular Army (RA) on 1 August 2007.
2. On 22 October 2011, the applicant was dropped from the 88L (Watercraft Engineer) Certification Course for failing to meet academic requirements.
3. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows on 16 November 2011, the applicant was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 13, for unsatisfactory performance and received a general discharge. He completed a total of 11 years, 6 months, and 21 days of creditable active service. At the time of his discharge, he held the rank/grade of private first class/E-3. He was assigned a Separation Program Designator (SPD) Code of JHJ (unsatisfactory performance) and an RE code of "3."
4. On 30 July 2012, the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of the character of service of his discharge from general to honorable.
5. On 21 December 2012, the ADRB voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. In addition, there was no change to the applicant's RE code.
6. 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 USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces RE codes, including RA RE codes. An RE code of "3" applies to persons who have a waivable disqualification. Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.
7. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code JHJ is to be used for RA Soldiers involuntarily discharged for unsatisfactory performance.
8. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD code and a corresponding RE code. The table in effect at the time of his discharge shows the SPD code JHJ has a corresponding RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change his RE code from an RE code of
3 to 1 has been carefully considered. However, there is insufficient evidence to support this claim.
2. His SPD and RE codes were assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 13, due to his unsatisfactory performance. Absent the unsatisfactory performance during his 88L course, there would appear to be no fundamental reason to process him for discharge. The underlying reason for his discharge was his unsatisfactory performance at the course. The only valid narrative reason for separation permitted under this paragraph is "unsatisfactory performance."
3. The appropriate SPD code associated with this type of discharge is JHJ 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 further advised that an RE code of 3 is a waivable disqualification. Therefore, if he desires to reenlist he should contact local recruiting officials who are responsible for processing RE code waivers.
5. In view of the foregoing, he is not entitled to the 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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ABCMR Record of Proceedings (cont) AR20130001717
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