IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130010136
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 her reentry eligibility (RE) code be changed in order to reenter the military.
2. The applicant states she was discharged for failure to adapt physically. She would like to reenlist but the RE code is preventing her from reenlisting. She contends that since her discharge, she has improved her physical health and abilities and she feels that she is much more prepared than before.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 28 July 2010. She entered initial active duty for training on 8 November 2010.
2. Her military records show that while attending basic combat training, she was counseled on a number of occasions for her refusal to train and for her refusal to follow orders.
3. On 24 January 2011, her immediate commander initiated separation action against her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 (Entry Level Performance and Conduct). The immediate commander cited as the specific reason for the proposed separation the applicant's failure to adapt to the military environment and her refusal to train.
4. The applicant was advised by legal counsel of the basis for the contemplated action to separate her for entry level performance and conduct under the provisions of Army Regulation 635-200, chapter 11 and its effects, of the rights available to her, and of the effect of any action taken by her in waiving her rights.
5. On 24 January 2011, the appropriate authority approved the separation. On
11 April 2013, she was released from the custody and control of the U.S. Army and she was transferred to her ARNG unit. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:
* block 26 (Separation Code) the entry "JGA"
* block 27 (Reentry Code) the entry "3"
* block 28 (Narrative Reason for Separation) the entry "Entry Level Performance and Conduct"
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of this regulation provides 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.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army and the U.S. Army Reserve. This regulation provides 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. Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes, including Regular Army RE codes.
a. RE-3 applies to persons not qualified for continued Army service at the time of discharge, but the disqualification is waivable.
b. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used. The regulation shows that the SPD code of JGA as shown on the applicant's DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is entry level performance and conduct and the authority for discharge is Army Regulation 635-200, chapter 11.
9. The SPD Code/RE Code Cross Reference Table states that when the SPD code is JGA then an RE code of 3 will be assigned
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her RE code should be changed so that she may reenter the military.
2. Evidence shows she was properly separated under the provisions of Army Regulation 635-200, chapter 11 by reason of entry level performance and conduct. Based on the authority and reason for separation, she was properly assigned an SPD code of JGA and a corresponding RE code of 3 in accordance with the applicable regulations. Therefore, without evidence showing that an error exists on her DD Form 214 or that her discharge was in error or unjust, there is no basis to grant the relief requested.
3. The applicant is advised that although no change is being recommended regarding her RE code, this does not mean that she is permanently disqualified from reentering military service. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification. Therefore, if she desires to reenter military service, she should contact a local recruiter who can best advise her on her eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and may process RE code waivers.
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) AR20130010136
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