IN THE CASE OF:

		BOARD DATE:  26 February 2014

		DOCKET NUMBER:  AR20130010788


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 his separation code of "JHJ" and his reentry eligibility (RE) code of 3 be changed to more favorable codes so that he may reenter the military.

2.  The applicant states that the remarks on his DD Form 214 (Certificate of Release or Discharge from Active Duty) indicate he was and would be an excellent member of the U.S. Army. 

3.  The applicant provides a copy of his DD Form 214.

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 Regular Army (RA) on 29 July 1988.  He held military occupational specialty 31M (Multi-Channel Communication Systems Operator).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in units at Fort Bragg, North Carolina, and in Saudi Arabia.  The highest grade he attained was specialist (SPC)/E-4.  He was awarded the Army Service Ribbon, Parachutist Badge, Armed Forces Expeditionary Medal, Southwest Asia Service Medal with two bronze service stars, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (2nd Award), and the Expert Marksmanship Qualification Badge with Rifle Bar. 

4.  The applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 13, for unsatisfactory performance.  The specific reason for the proposed action was his failure of two consecutive Army Physical Fitness Tests (APFT).  He recommended the applicant receive a general discharge.

5.  The applicant acknowledged receipt of the separation notification action and waived consultation with counsel and elected not to make a statement on his own behalf.   

6.  The separation authority approved the applicant's separation and directed issuance of a General Discharge Certificate.  He was discharged on 
10 November 1994.  He was assigned a separation code of "JHJ" and 
an RE code of "3."

7.  The Army Discharge Review Board (ADRB) changed the character of service
on his DD Form 214 to honorable and issued a revised DD Form 214.  

8.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces RE codes including RA RE codes. RE-3 applies to persons separated with a waivable disqualification.  

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific reasons for separating Soldiers from active duty and the SPD codes to be entered on the 
DD Form 214.  It states that the SPD code "JHJ" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 13.  The SPD/RE Code Cross Reference Table stipulates that an RE code of 3 will be assigned to members separated under these provisions with an SPD code of "JHJ."

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not provide evidence sufficient to support changing his separation code and RE Code.  

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  He waived consultation with counsel.

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case and an RE code of 3 was correctly entered on his DD Form 214.

4.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE code of 3.  The applicant’s description of the events and his desire to continue in the service to his country are noted; however, there are no provisions authorizing the change of an RE code for this purpose.

5.  The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter the military, he should contact a local recruiter who can best advise him of the requirements for returning to military service and of the needs of the military at this time.  They are also responsible for processing enlistment waivers.
6.  In view of the foregoing, 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)                                         AR20110025102



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ABCMR Record of Proceedings (cont)                                         AR20130010788



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