IN THE CASE OF:    

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140003391 


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, a change to his uncharacterized discharge and his Reentry Code (RE) and a personal appearance before the Board.

2.  The applicant states:

   a.  He wants to reenter the military, specifically the U.S. Marine Corps.  He needs his uncharacterized discharge and RE code changed.  He was discharged due to his entry level of "performance and conduct," which he regrets a great deal.  He guesses this was decided before the Red Cross pulled him out due to his mother's illness.  His father was out of the state and there was no one to help her or his little brother.  Basically his mother was ill and he didn't handle it well.  

   b.  It has been almost 3 years and he knows what the military expects from him and he is ready to serve.  There are no outstanding issues that would impair his ability to adapt to training or military life.  He believes the Army didn't take into consideration his situation.  His mom is on disability and her heart issues have been fixed and he is good to go.  He knows that not adapting and refusing to train was his decision, but it was due to the hardship in his family.  He is apologizing to the Army and hopes with great enthusiasm the Board will consider his request.  He is not saying the Army made a mistake in discharging him.  He is simply asking for another chance.

3.  The applicant provides no additional evidence.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 21 June 2011.  He did not complete basic combat and advanced individual training for award of a military occupational specialty.

2.  He was counseled for not adapting to military life, refusing to train, and entry level separation from the Army in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).

3.  On 26 June 2011, the applicant's company commander initiated action to discharge the applicant under the provisions of Army Regulation 635-200, chapter 11, for entry-level status performance and conduct, uncharacterized.  The company commander stated the reasons for the proposed action were the applicant's inability to adapt to military standards and refusal to train.  He advised the applicant of his rights 

4.  On 28 June 2011, after consulting with counsel, the applicant acknowledged the proposed separation action.  He also acknowledged that he understood he would receive an entry-level status separation with an uncharacterized character of her service.  He waived his rights and elected not to submit a statement in is own behalf.

5.  On 30 June 2011, the separation approved his discharge and directed the issuance of an uncharacterized discharge.

6.  He was discharged accordingly on 7 July 2011.  He was credited with completing 17 days of net active service.  His service was uncharacterized.  His DD Form 214 lists in:

* Item 26 - (Separation Code) - JGA
* Item 27 (RE Code) – 3

7.  On 10 February 2014, the Army Discharge Review Board denied his petition for a change in the character and/or reason of his discharge.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The regulation states in:

   a.  Chapter 11 – a Soldier will be separated due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS).  An uncharacterized service description is normally granted to Soldiers separating under this chapter. 
   b.  Paragraph 3-9 – a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

   c.  Paragraph 3-7a - an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptance conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization will be inappropriate.

   d.  Paragraph 3-7b - a general discharge is a separation from the Army under honorable condition.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and U.S. Army Reserve.  The regulation provides that prior to discharge or release from active duty individual will be assigned RE codes based on their service records or the reason for discharge.  Chapter 3 included a list of Armed Forces RE codes, including the following RA RE codes:

* RE-1 - applied to persons qualified for enlistment if all other criteria are met
* RE- 3 - applied to persons not considered fully qualified for reentry or continuous Service at time of separation, but disqualification was waivable

10.  Army Regulation 635-1 (Separation Program Designator (SPD) Code) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for separation of members from active military service, and the SPD's to be used for these stated reasons.  This regulation shows the SPD code of "JGA" as shown on his DD Form 214 is appropriate for an involuntary discharge when the narrative reason for separation is "entry level performance and conduct" and the authority for discharge is Army Regulation 635-200, chapter 11.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE Code for active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows the SPD Codes with their corresponding RE Code.  The SPD code of "JGA" has a corresponding RE code of "3."

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit commander initiated action to separate the applicant under the provisions of Army Regulation 635-200, chapter 11.  The separation authority approved his discharge and he was discharged accordingly.  

2.  In accordance with regulatory guidelines, Soldiers who had completed less than 180 days (6 months) of continuous active duty would have their service uncharacterized.  That meant that the Soldier had not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.  It was and still is not meant to be a negative reflection of a Soldier's military service.  He was discharged after completing 17 days of net active service.  Therefore, he is not entitled to a change in his uncharacterized discharge.

3.  Without evidence to the contrary, his administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.  He was properly discharged in accordance with pertinent regulations with due process.  

4.  In accordance with regulatory guidance, his assigned RE code of "3" is consistent with the SPD/RE code cross reference table for Soldiers discharged for entry level performance and conduct.  The evidence shows he was properly discharge in accordance with pertinent regulations, with due process.

5.  There is no evidence and he has not provided sufficient evidence showing his assigned RE code of "3" is in error or unjust.  Therefore, he has established no basis for changing his existing RE code.

6.  With respect to the personal hearing, his request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.



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)                                         AR20140003391





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ABCMR Record of Proceedings (cont)                                         AR20140003391



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