IN THE CASE OF:	  

		BOARD DATE:  1 April 2014

		DOCKET NUMBER:  AR20130008431 


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 separation code and reentry (RE) code be updated to allow him to enlist in the Air National Guard.

2.  The applicant states when he separated from the Army National Guard he was 19 years of age and away from his family for the first time.  During that time, his parents were in the middle of a bitter divorce and his mother had breast cancer as well.  He was compelled to come home and help them.   His eligibility status should be updated because he is and was mentally and physically fit to train at the time of separation.  His discharge status does not accurately depict his performance level.

3.  The applicant provides no additional documentation in support of this case.

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 was born on 21 July 1977.  On 23 September 1995, he enlisted in the U.S. Army Reserve (USAR), Delayed Entry Program (DEP) with an entry date of 5 July 1996.  

3.  Orders 6190-3, dated 8 July 1996, issued by the U.S. Army Recruiting Battalion Seattle, show the applicant was released from custody and control of the DEP effective 2 July 1996.

4.  He enlisted in the Washington Army National Guard (WAARNG) on 
23 January 1997.  On 11 March 1997, he was ordered to active duty training for training (ADT), at Fort McClellan, AL.  He did not complete basic training.  

5.  His record contains DA Forms 4856-R (General Counseling Form) showing he was counseled on:

* 21 March 1997 on a recommendation for separation under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, for failure to adapt to military environment due to emotional stress
* 25 March 1997 on the emotional inability he had displayed since arriving at the reception company and on a recommendation for separation based on a mental health service finding that he was emotionally unfit
* 26 March 1997 on separation in an entry-level status for inability to adapt to the military environment

6.  His separation proceedings are not available and his service personnel records do not contain the facts and circumstances surrounding his separation processing.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 April 1997 shows in:

* Item 24 (Character of Service) "UNCHARACTERIZED"
* Item 27 (RE Code) "3"
* Item 25 (Separation Authority) "AR 635-200, CHAP 11"
* Item 26 (Separation Code) "JGA"
* Item 28 (Narrative Reason for Separation) "ENTRY LEVEL PERFORMANCE AND CONDUCT"




7.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 4 April 1997 shows in:

* item 23 (Authority and Reason) "Para 8-27z, NGR 600-200, Discharge of a Soldier who [was] previously discharged from the Reserve of the Army by the active Army"
* item 24 (Character of Service) "Uncharacterized"
* item 26 (Reenlistment Eligibility) "RE-3"

8.  Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct while in an entry level status.  It states, in pertinent part, that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 
180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life.  Entry level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.

9.  Army Regulation 635-5-1 (Separation Program Designator (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 codes to be used for these stated reasons.  The regulation in effect at the time shows that the SPD code “JGA” specifies the narrative reason for an involuntary discharge as "Entry Level Performance and Conduct” and that the authority for discharge under this separation program designator is “Army Regulation
635-200, Chapter 11."  Additionally, the SPD/RE Code Cross Reference Table establishes that the RE code of 3 was the proper RE code to assign Soldiers with an SPD code of "JGA."  

10.  National Guard Regulation 600-200 (Enlisted Personnel Management) chapter 8 enlisted separations, at that time, set policies, standards and procedures of enlisted personnel from the ARNG of the United States.  Separations were accomplished through discharge by appropriate State authorities.  When Soldiers were discharged from the State ARNG (unless previously discharged by the Active Army as a Reserve of the Army), they automatically became members of the Army Reserve if they had remaining statutory or contractual military service obligations.  The chapter also provided policies and procedure to discharge Soldiers from both the State ARNG and as a 


Reserve of the Army or from the State ARNG only.  RE codes were provided which would be assigned to the time of discharge.  Paragraph 8-27z stated that RE code "3" would be used when a Soldier was discharged from the Reserve of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his separation code and RE code should be updated so he may enlist in the Air National Guard.  However, the ABCMR does not change RE codes solely to allow former Soldiers to reenter military service.  

2.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  A discharge under the provisions of Army Regulation 635-200, chapter 11, is for entry-level Soldiers who are not qualified for retention for one of several reasons, including demonstrated character and behavior not compatible with satisfactory continued service.  The applicant demonstrated character and behavior characteristics not compatible with satisfactory continued service and showed no ability to adapt emotionally to military life.  His description of his family problems explains his emotional problems at that time.

3.  Based on the authority and reason for his separation, he was properly assigned the SPD code of "JGA" and the RE code of "3."  There is no evidence of an error or injustice related to the entries in his DD Form 214 or NGB Form 22; therefore, they were valid at the time of separation and remain valid today.  No other SPD or RE codes would be appropriate in this case.

4.  Therefore, there is no basis for granting the applicant’s request.

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)                                         AR20130008431





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008431



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1