IN THE CASE OF: 

		BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130013325 


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 reentry eligibility (RE) code of "3."

2.  He states he received an entry-level separation by choice.  He left the Army due to problems at home with his newborn daughter and it was going to take him 2 to 3 months to heal.  He fully understands he was discharged by choice.  However, he loved the time he was in the Army and would love to enlist again.  He fully believes he will do exceptionally well if given a second chance.

3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army for a period of 4 years on 18 September 2012.

2.  His records contain a Fort Benning Form 689-R (Initial Military Training Sick Slip) and Physical Training and Rehabilitation Program (PTRP) Physical Profile, each dated 8 January 2013, which show he sustained a stress fracture to his left tibia.

3.  His records contain two DA Forms 4856 (Developmental Counseling Form), dated 8 January 2013, which show he was counseled by his senior drill sergeant and first sergeant regarding the stress fracture he sustained to his left tibia during his fourth week of basic combat training.  Based on the healing process for his injury and the recommendations of medical personnel, he was placed in the PTRP to assist him in overcoming the injury.  Once he recovered from the injury and was cleared for training, he would be returned to duty and restarted in training week 4 where he left off.

4.  A DA Form 4856, dated 9 January 2013, shows the applicant received his initial counseling for entry in the Fitness Training Unit (FTU).  He was informed of the rules and regulations he would be required to abide by during his rehabilitation/conditioning program.

5.  A DA Form 4856, dated 10 January 2013, shows the applicant was counseled by the FTU Operations Noncommissioned Officer (OPS NCO) regarding his refusal to train after admittance to the FTU.  As a result, he was denied admittance to the FTU.  During Day 1 processing into the FTU, the applicant stated that he quit, refused to train, and did not want to be there.  These actions were in direct violation of U.S. Army Training and Doctrine Command Regulation 350-6 (Enlisted Initial Entry Training Policies and Administration), appendix G, paragraph G-3b(2)(h).  Further refusal to train and lack of motivation would result in a recommendation for separation.  The OPS NCO informed the applicant that he would be returned to his unit and the OPS NCO would recommend his separation from the Army.  He advised the applicant that since he was in an entry-level status, his service would be uncharacterized if he were involuntarily separated unless his conduct became serious enough to warrant a discharge under other than honorable conditions.

6.  On 10 January 2013, the FTU Commander denied the applicant's entrance into the FTU based upon his quitting and refusing to train.  The commander informed the applicant that he was returning him to his unit and recommending his separation from the Army.

7.  On 10 January 2013, the applicant was counseled by his senior drill sergeant and first sergeant who both informed him that he was being recommended for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11.  The basis for their recommendations was his refusal to train.  He was advised that this behavior showed a complete disregard for the Army values, specifically "duty."  The definition of duty is to fulfill one's obligations, legally and morally.  The applicant was reminded that he had signed a contract which meant he was obligated to train and serve in the U.S. Army.  He was informed that his actions displayed a complete lack of commitment on his part, would not be tolerated, and would result in a recommendation for his separation from the Army.

8.  On 10 January 2013, the applicant's company commander notified him he was initiating action to separate him from the Army for failing to adapt and refusing to train under the provisions of Army Regulation 635-200, chapter 11.  The commander recommended the applicant's service be uncharacterized.  He advised the applicant of his rights to consult with counsel and/or civilian counsel at no expense to the government within a reasonable time, submit written statements in his behalf, obtain copies of documents that would be sent to the separation authority supporting the proposed separation, or waive any or all of the aforementioned rights.  The applicant acknowledged receipt of the notification on the same date.

9.  The applicant indicated he was advised of the basis of the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 11, and its effect, of the rights available to him, and the effect of any action taken by him in waiving any of his rights.  He elected to waive his remaining rights.

10.  The applicant's company commander recommended his separation from the Army prior to the expiration of his current term of service under the provisions of Army Regulation 635-200, chapter 11, for failing to adapt and refusing to train.

11.  The separation authority approved the request and directed the applicant's discharge under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct with uncharacterized service.

12.  On 18 January 2013, he was discharged accordingly.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:

* his service was uncharacterized
* the separation authority was Army Regulation 635-200, chapter 11
* his separation program designator (SPD) code was JGA
* his RE code was 3
* his narrative reason for separation was "Entry Level Performance and Conduct"

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision applies to individuals who 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 applies 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.  This regulation requires an uncharacterized description of service for separation under this chapter.

14.  Army Regulation 635-200 further states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.

15.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of RE codes.

	a.  RE-1 applies to Soldiers completing their terms 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 the time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

16.  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 that 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 code 3 will be assigned to members separated under these provisions with an SPD code of JGA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be changed was carefully considered and determined to lack merit.

2.  The available evidence shows the applicant was separated for entry-level performance and conduct.  Accordingly, he was assigned an RE code of 3 that is consistent with the reason for separation.  He failed to show his assigned RE code is in error or unjust.

3.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the assigned RE code of 3.  His desire to reenter military service in the future was considered; however, there are no provisions authorizing the change of an RE code for this purpose and the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

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 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)                                         AR20130013325



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ABCMR Record of Proceedings (cont)                                         AR20130013325



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