BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004084


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 his reentry eligibility (RE) code be changed.

2.  The applicant states:

* he had no medical issues upon, on, or after his discharge
* he consulted with a civilian doctor and he was told in order for him to return home to his pregnant fiancé she had to put "minor mental issues on the report"
* when he returned home he found out his fiancé was not pregnant, they separated, and he cannot reenlist because of the consultation that resulted in an RE code of 3
* he was also told he would be able to reenlist 120 days from his discharge date
 
3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army (RA) on 17 August 2009 for a period of 4 years.

3.  On 25 August 2009, a clinical psychologist reported the applicant was displaying some normal/average minor mental health issues that could potentially worsen should he remain in the military.  The psychologist recommended that he be separated under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, by reason of entry level status performance and conduct.  

4.  Discharge proceedings were initiated on 1 September 2009 and the unit commander cited the applicant's inability to adapt to military standards and his lack of motivation to train.  On 3 September 2009, the separation authority approved the recommendation for discharge. 
 
5.  On 15 September 2009, he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level status performance and conduct.  He completed 29 days of creditable active service.

6.  His DD Form 214 shows in:

* Item 24 (Character of Service) the entry "UNCHARACTERIZED"
* Item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, CHAP (chapter) 11"  
* Item 26 (Separation Code) the entry "JGA"
* Item 27 (Reentry Code) the entry "3"  
* Item 28 (Narrative Reason for Separation) the entry "ENTRY LEVEL PERFORMANCE AND CONDUCT”

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that 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 separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter.

8.  Army Regulation 635-5-1 (Separation Program Designator Codes (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD code to be used for these stated reasons.  The regulation states the reason for a discharge based on the SPD code of "JGA" is "Entry Level Performance and Conduct" and the regulatory authority is Army Regulation 635-200, chapter 11.

9.  Pertinent Army regulations provide 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 covers eligibility criteria, policies, and procedures for enlistment processing into the RA and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes:

* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated

10.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD code of JGA will be assigned an RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, the evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 11.  The RE code associated with this type of discharge is an RE code of 3.  Therefore, the applicant received the appropriate RE code associated with his discharge.

2.  The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his discharge.  Therefore, there is no 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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20130004084



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