IN THE CASE OF:	   

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130012844 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty by changing his separation program designator (SPD) code and reason for separation to show he was discharged due to hardship.

2.  The applicant states that during the time he was in training, his grandmother, who had raised him, had fallen ill.  Also, his first child was born during the same period.  For these reasons and the thought of going through surgery to correct a minimal injury he sustained caused him to request to leave the service.  He contends that when he accepted the discharge, he was not aware that his SPD meant he was unable to conform to the military lifestyle.  He had no idea it would hinder his reentry into the military in order to serve his country.

3.  The applicant further states that he was only 18 years of age when he initially enlisted.  He was confused and made a poor choice.  Now, as a 30 year old man, who is actively trying to enlist for active duty in the U.S. Navy, he asks the Board for its understanding of his earlier confusion and that he had grown into a wiser, more educated, and better informed man.

4.  The applicant provides copies of:

* DD Form 214 (Member 4 copy)
* Five letters of support from his wife, mother, mother-in-law, friend of        30 years, and a friend who has known him since middle school

CONSIDERATION OF EVIDENCE:

1.  On 26 February 2001, the applicant enlisted in the Regular Army.  He was subsequently assigned to the Infantry Training Brigade located at Fort Benning, GA.

2.  Records show the applicant received the following counseling:

	a.  15 and 22 May 2001:  for missing training due to going on sick call;

	b.  27 May 2001: for refusal to restart and a lack of desire to continue military service.  He was informed that his actions warranted nonjudicial punishment and/or initiation of an entry level separation.  The applicant agreed with the counseling.

3.  On 17 August 2001, approximately 173 days after the applicant's enlistment, his commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct.  The commander based this action on the applicant's failure to adapt socially or emotionally to military life.  The applicant acknowledged receipt of this action.

4.  On 17 August 2001, the applicant waived consulting counsel.  He did not submit statements in his own behalf.

5.  The appropriate authority approved the recommendation for separation.

6.  Accordingly, he was discharged on 2 October 2001.  His service was uncharacterized.  He had completed a total of 7 months and 7 days of creditable active duty service.  His DD Form 214 indicates:

	a.  he did not complete any military training and was not awarded a military occupational specialty;

	b.  he was given SPD JGA;

	c.  he was discharged under the provisions of Army Regulation 635-200, chapter 11 due to his entry level performance and conduct; and

	d.  he received reentry code (RE) 3.



7.  On 9 March 2011, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade and change of his RE 3.  The ADRB determined that the applicant's discharge was proper and equitable and denied his request.

8.  The five letters of support provided by the applicant from members of his family and long-time friends essentially state that he is a hardworking, trustworthy, dedicated person who is driven to do great things.  He is an outstanding husband and a phenomenal father.

9.  Army Regulation 635-200 (Personnel Separations):

	a.  Chapter 6 governs separation due to family hardship.  Separation under this chapter is for the convenience of the Government.  It states that Soldiers of the Active Army may be discharged or released because of genuine dependency or hardship.  The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier’s immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.

	b.  Chapter 11 establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status.  It states 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.  A determination on a case-by-case basis may be made that characterization of service is honorable providing there is a clear presence of unusual circumstances involving personal conduct and performance of duty that warrants such determination.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve.  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 from their last period of service with a non-waivable disqualification.  

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JGA was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct.  Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 3 as the proper RE code to assign to Soldiers for this reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his SPD code and reason for separation should be changed so as to permit him to enlist in the U.S. Navy.  He further contends that he should have been separated due to hardship.

2.  The available evidence shows that the applicant was counseled for his refusal to restart and his lack of desire to continue military service.  He was informed that his actions warranted nonjudicial punishment and/or initiation of an entry level separation.  The applicant agreed with this counseling.

3.  The evidence of record confirms the separation action was initiated while he was in entry level status, prior to his completing 180 days of continuous active military service.  There is no evidence in the applicant's military records showing that he ever presented issues of family hardship to his commander, or that he requested to be discharged for such reason.

4.  The record shows his separation processing was accomplished in accordance with the applicable regulations.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

5.  The SPD code JGA and reason for separation were correctly entered on his separation document in accordance with governing regulations.

6.  In view of the foregoing, his request should be denied.

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)                                         AR20130012844





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012844



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1