IN THE CASE OF:	 

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130004094


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, in effect, an upgrade of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 14 December 2010 from an RE code of "3" to an RE code of "2."

2.  The applicant states:

* the separation code he received was unjust
* while attending initial entry training (basic training and advanced individual training (AIT)), he received a number of insignificant counseling statements
* although he accepts responsibility for his mistakes, he does not believe he should be prohibited from reenlisting, because all of his previous actions are correctable, given another opportunity
* there were misstatements provided by other recruits (during his discharge proceedings); however, he does not have evidence or proof of their misstatements
* he was told he would be eligible to reenlist in 6 months
* when the 6-month period had elapsed, he was told the period had increased to a year
* after a year had elapsed, he submitted a reenlistment waiver and was denied
* if procedures changed during the period in which his application was being considered, he should still be allowed to proceed with the process
* he was issued a DD Form 214 for his initial entry training that shows he was given an honorable discharge – this was issued because his drill sergeants expected him to complete the training
* his recruiter can verify the circumstances surrounding his request for a reenlistment waiver

3.  The applicant provides DD Forms 214 for the periods ending 19 November 2010 and 14 December 2010.

CONSIDERATION OF EVIDENCE:

1.  On 13 May 2010, the applicant enlisted in the Maryland Army National Guard (MDARNG).  

2.  On 3 August 2010, he entered active duty at Fort Benning, GA, for completion of his initial entry training under the one station unit training (OSUT) program.

3.  On 14 December 2010, prior to the completion of OSUT and qualification in military occupational specialty 11B (Infantryman), he was released from active duty, discharged from the Reserve of the Army, and returned to the control of the MDARNG.  The DD Form 214 he was issued shows in:

* item 24 (Character of Service) the entry "uncharacterized"
* item 25 (Separation Authority) he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 
* item 26 (Separation Code) the entry "JGA"
* item 27 (Reentry Code) the entry "RE-3"
* item 28 (Narrative Reason for Separation) he was released/discharged for entry level performance and conduct

4.  Most of the applicant's discharge documents are not available for review.  However, Orders 363-049, issued by the MDARNG, on 29 December 2010, discharged him from the ARNG, effective 15 December 2010, with uncharacterized service, and he was assigned an RE code of "3."

5.  He provides a DD Form 214 for the period ending:

   a.  19 November 2010, which documents honorable service from active duty with an RE code of "1"; and

   b.  14 December 2010, which documents uncharacterized service from active duty, discharge from the Reserve of the Army, and return to the authority of the Army National Guard (ARNG) with RE code "3."
   
6.  His Army Military Human Resources Record (AMHRR) contains a third DD Form 214 for the period ending 3 December 2010.  This DD Form 214 documents his honorable release from active duty with an RE code of "1."

7.  In the processing of this case, a staff member of the Army Board for Correction of Military Records (ABCMR) contacted a staff member of the Fort Benning Transition Center, to inquire about the presence of three separate and distinct 
DD Forms 214 in the applicant's AMHRR, all of which were produced by the Fort Benning Transition Center.

8.  On 26 September 2013, the Chief, Transition Center at Fort Benning, GA, sent a request memorandum to the U.S. Army Human Resources Command (HRC), wherein the chief requested removal of two of the three DD Forms 214 from the applicant's AMHRR; specifically, the DD Forms 214 for the periods ending 
19 November 2010 and 3 December 2010.  HRC complied with his request and removed the above two DD Forms 214 leaving only the DD Form 214 for the period ending 14 December 2010 in his AMHRR. 

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of the 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 applied to individuals who had demonstrated they were not qualified for retention because they:

* could not adapt socially or emotionally to military life
* lacked the aptitude, ability, motivation, or self discipline for military service
* demonstrated characteristics not compatible with satisfactory continued service

10.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation, or self-discipline.  Separation under this chapter applied to Soldiers who were in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action).  An uncharacterized description of service was required for separation under this chapter.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Active and Reserve Components.  Table 3-1 includes a list of the 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-2 applies to Soldiers who separated prior to 7 July 2007, the effective date of this regulation.  According to this regulation, these codes will not be used.

   c. 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 unless a waiver is granted.  

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of "JGA" is the correct code for Soldiers separating under the provisions of Army Regulation 635-200, chapter 11.

13.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The cross reference table in effect at the time of his discharge shows the SPD code of "JGA" has a corresponding RE code "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his RE code was carefully considered; however, there is insufficient evidence to support his request.

2.  The applicant's separation/discharge documents are not available for review; however, barring evidence to the contrary, it is presumed his separation/ discharge was administered in accordance with applicable regulations and all requirements of law and regulation were met and his rights were fully protected throughout the separation process.
 
3.  His RE code was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct.  The appropriate separation code associated with this type of discharge is "JGA" and the corresponding RE code associated with this separation code and type of discharge is an RE code of "3."  Therefore, he received the appropriate RE code associated with his discharge and 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.

ABCMR Record of Proceedings (cont)                                         AR20090001097



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004094



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1