BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130005683 


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 reentry eligibility (RE) code to show RE-1A.

2.  The applicant states:

* his RE code is incorrect
* he was given an RE-3 because he could not complete training due to the guidelines of the split option program
* his RE code is preventing him from rejoining the military
* he was a junior in high school when he decided to enter the military
* he was a split-option enlistee
* he went to basic training between his 11th and 12th grade years of high school
* he had a mandatory return date so he could complete high school
* he became ill and went to sick call in basic training and he missed some required training events in order to graduate from basic training
* he had to start his senior year of high school so he was released from training and he did not complete all of the required training in time to graduate or get a proper discharge

3.  The applicant provides:

* Orders 222-1310, dated 10 August 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* letter from the National Personnel Records Center, St. Louis, MO, dated 14 September 2012

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 U.S. Army Reserve on 24 January 2009 for a period of 8 years.

3.  He was counseled during initial entry training for the following:

* failing to obey an order or regulation (twice)
* inability to adapt to the military environment through inaptitude, failing to progress satisfactorily in a required training program, lack of effort, and minor disciplinary infractions

4.  Discharge proceedings were initiated on 6 August 2009.  The unit commander stated the applicant was counseled for failing to follow instructions, lacking motivation, and refusing to train.  On 6 August 2009, the separation authority approved the recommendation for discharge.

5.  Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood Orders 222-1310, dated 10 August 2009, discharged the applicant effective 11 August 2009.

6.  His DD Form 214 shows he was discharged on 11 August 2009 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry-level performance and conduct.  He completed 2 months and 14 days of creditable active service.



7.  His DD Form 214 further shows in:

* item 24 (Character of Service) – uncharacterized
* item 25 (Separation Authority) – Army Regulation) 635-200, chapter 11
* item 26 (Separation Code) – JGA
* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – entry-level performance and conduct

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, 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.

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

10.  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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated
* RE-1A applied to persons separated prior to 8 February 2011 who were qualified for enlistment, provided the reason and authority did not preclude enlistment or require a waiver – such persons may not enlist until 93 days after separation, if otherwise qualified
* 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

11.  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 RE-3.  Therefore, the applicant received the appropriate RE code associated with his discharge.

2.  His 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.

3.  His current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces by requesting the appropriate waiver.

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 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)                                         AR20130005683



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ABCMR Record of Proceedings (cont)                                         AR20130005683



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