IN THE CASE OF: 

		BOARD DATE:	    17 July 2014

		DOCKET NUMBER:  AR20130020932 


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 change of his reentry eligibility (RE) code from an
RE-3 to an RE-1.

2.  The applicant states he was young and not aware of everything at the time.  When the drill sergeant asked who wanted to go home, he raised his hand.  Then they started outprocessing him and he was assigned an RE-3 and an entry-level separation of performance and conduct.  This is not true.  He did all that was required of him during basic combat training.  He is 32 years old now and the code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is harmful. 

3.  The applicant provides 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 on 29 August 2002.  He was subsequently assigned to Fort Sill, OK, for completion of training.  While in training, he was frequently counseled by members of his chain of command for various infractions, including: 

* being disrespectful toward a noncommissioned officer
* behaving in a disorderly manner
* violating the Army values
* kicking a chair in anger and hurting his foot
* lacking motivation
* failing to obey regulation
* failing to obey orders
* failing a diagnostic physical fitness test
* insubordination

3.  On 12 November 2002, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), chapter 11, by reason of entry-level performance and conduct.  The specific reasons for the proposed action were his consistent lack of motivation, failing to improve, not having a desire to train and become a productive Soldier, and being unfit and undesirable for military service. 

4.  On 12 November 2002, the applicant acknowledged receipt of the separation notification action.  He consulted with counsel and he was advised of the basis for the contemplated action to separate him and its effects, of the rights available to him, and of the effect of any action taken by him in waiving his rights.  He also acknowledged that he understood that if his discharge was approved, he would receive an entry-level separation with uncharacterized service.  He further acknowledged that Department of Veterans Affairs and other benefits normally associated with completion of active service would be affected.  He elected not to make a statement or submit a rebuttal in his own behalf.

5.  Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against him under the provisions of Army Regulation 635-200, chapter 11.



6.  On 14 November 2002, the separation authority approved the applicant's discharge from the Army in accordance with Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct.  Accordingly, the applicant was discharged on 20 November 2002.

7.  The DD Form 214 he was issued confirms he was discharged in accordance with Army Regulation 635-200, chapter 11, with his service uncharacterized.  This form also shows he completed 2 months and 22 days of creditable active service.  Additionally, this form shows in:

* Item 26 (Separation Code), the entry "JGA"
* Item 27 (Reentry Code), the entry "3"

8.  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 were in an entry-level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty.  It further applied to individuals who had demonstrated 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 regulation required an uncharacterized description of service for separation under this chapter.

9.  Army Regulation 635-5-1 (Separation Program Designator (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. 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. 

10.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under the provisions of chapter 11 of Army Regulation 635-200 with an SPD code of JGA.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes:

* an 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
* an 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.  The evidence of record shows the applicant did not or could not adjust to military life as evidenced by his extensive history of negative counseling, lack of motivation, and inability to improve and become a productive member of the military.  Accordingly, his chain of command initiated separation action against him.

2.  His separation and RE codes were assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, chapter 11, due to his entry-level performance and conduct.  The underlying reason for his discharge was his entry-level performance and conduct.  The only valid narrative reason for separation permitted under that paragraph is "Entry-Level Performance and Conduct."

3.  The appropriate separation code associated with this type of discharge is "JGA" and the corresponding RE code associated with this discharge is RE-3, both of which are correctly shown on his DD Form 214.  Therefore, he is not entitled to the requested relief.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to change his RE code, this does not mean that he is permanently disqualified from reentering military service.

5.  An RE-3 code applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  If the applicant still desires to reenter military service, he should contact a local recruiter who can best advise a former service member as to the service at the time and who may submit a waiver for enlistment.






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)                                         AR20130020932





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ABCMR Record of Proceedings (cont)                                         AR20130020932



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