IN THE CASE OF:	   

		BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130011870 


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, that his Reentry (RE) Code be changed from a “3” to a “1.”

2.  The applicant states, in effect that he desires to reenter the military service and has been unable to do so because of his RE Code. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Army Discharge Review Board (ADRB) Record of Proceedings.

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 on 5 May 2009 for a period of 5 years and 34 weeks and training as an information systems operator.  He was transferred to Fort Jackson, South Carolina.

3.  The facts and circumstances surrounding the applicant’s administrative separation is not present in the available records.  However, his records do contain a DD Form 214 which shows he was discharged on 2 June 2009 under the provisions of Army Regulation 635-200, chapter 11, due to entry level performance and conduct.  He had served 28 days of active service and was issued a separation code of “JGA” and a RE Code of “3.”

4.  The applicant applied to the ADRB requesting to have his service characterized, and on 31 May 2013 the ADRB denied his request.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel for unsatisfactory performance or conduct (or both) while in an entry level status (less than 180 days of active service).  This policy applied to individuals who demonstrated they were not qualified for retention because they could not meet the minimum standards prescribed for successful completion of training and they lacked the aptitude, ability, motivation or self-discipline for military service, or they demonstrated characteristics not compatible with satisfactory continued service.  Personnel separated under this provision would be separated under entry level status with their service uncharacterized.

6.  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.  It states the SPD code JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JGA.

7.  Army Regulation 635-200 further states 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 and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included 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 for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  He was separated under the provisions of Army Regulation 635-200, chapter 11, and was properly issued a separation code of “JGA” and an RE Code of "3" in accordance with the applicable regulations.  Accordingly, there is no error or injustice in his case.

3.  An uncharacterized separation is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

4.  The applicant is advised that 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 he desires to reenter military service, he should contact a local recruiter who can best advise him on his 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.

5.  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)                                         AR20130011870





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ABCMR Record of Proceedings (cont)                                         AR20130011870



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