BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130007903 


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, his reentry eligibility (RE) code of "3" be changed to an RE code of "1."  

2.  The applicant states he was medically cleared before he was discharged.

3.  The applicant provides a DD Form 2807-1 (Report of Medical History).

CONSIDERATION OF EVIDENCE:

1.  On 17 November 2010, he enlisted in the Regular Army (RA).  He completed basic combat training.

2.  On 28 March 2011, he received open surgery to repair a hernia, and he was placed on 30 days of convalescent leave.

3.  On 25 May 2011, he was counseled by his unit commander concerning the discharge recommendation in accordance with chapter 13 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).

4.  On 2 June 2011, the applicant's commander notified him that he was initiating action to separate him for unsatisfactory performance under the provisions of chapter 13 of Army Regulation 635-200.  He was recommending characterization of service as honorable.  The reasons for the proposed action were:

* upon returning from convalescent leave he expressed to his drill sergeant he no longer wanted to be in the military
* after being told he would be shipped to advanced individual training if he received medical clearance he went to sick call and received a profile
* now medically cleared he still stated that he did not wish to be in the military
* he displayed a lack of motivation that was incompatible with the military

5.  The commander advised him of his right to:

* be represented by counsel
* submit statements in his own behalf
* review documents to be presented to the separation authority
* waive any of these rights
* withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge

6.  The applicant consulted with counsel and waived his rights.

7.  On 2 June 2011, the applicant's commander recommended him for separation under the provisions of chapter 13 of Army Regulation 635-200.

8.  On 15 June 2011, the appropriate authority approved the recommendation for discharge and directed that he be furnished an Honorable Discharge Certificate.

9.  On 20 June 2011, the applicant was discharged under the provisions of chapter 13 of Army Regulation 635-200.  He had completed 7 months and 4 days of active service.  His DD Form 214 shows in:

* Item 26 (Separation Code) the separation program designator (SPD) code "JHJ"
* Item 27 (Reentry Code) the RE code of "3"

10.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.  Chapter 13 provided for separation of individuals due to unsatisfactory performance when, in the commander's judgment:

* the individual would not become a satisfactory Soldier
* retention would have an adverse impact on military discipline, good 	order, and morale
* the service member would be a disruptive influence in the future
* the basis for separation would continue or reoccur
* the ability of the service member to perform effectively in the future, including potential for advancement or leadership, was unlikely

11.  Army Regulation 635-5-1 (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.  The SPD code of "JHJ" is the appropriate code to assign Soldiers separated under the provisions of chapter 13 of Army Regulation 635-200 by reason of "Unsatisfactory Performance."  

12.  The SPD/RE Code Cross Reference Table, dated 31 March 2006, stipulates that RE code "3" will be assigned to members separated with an SPD code of "JHJ."

13.  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 United States Army Reserve.  Table 3-1 includes 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 unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  He was properly and equitably discharged in accordance with regulations in effect at the time.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  Therefore, the reason for his discharge and the assigned SPD code of "JHJ" are correct.

2.  He contends he was medically cleared prior to his discharge.  The assignment of an RE code of "3" in his case is not related to his medical condition.  According to the SPD/RE Code Cross-Reference Table, the appropriate RE code for SPD code "JHJ" is "3."  Therefore, there is no error in the RE code entered on his DD Form 214.  

3.  The applicant is advised that although RE code "3" was properly assigned, this does not mean that he is totally disqualified from returning to military service. The disqualification upon which the RE-3 was based may be waived for enlistment purposes.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code.

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)                                         AR20130007903



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ABCMR Record of Proceedings (cont)                                         AR20130007903



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