IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140004865 


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 his reentry eligibility (RE) code of RE-3 be changed to RE-1.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed the Airborne Course on 14 June 2014.

2.  He states he has realized his mistakes.  It has been his goal to serve his country and he will do whatever it takes to make up for it.

3.  He provides a self-authored statement, five character references, his DD Form 214, a diploma from the Airborne Course, a DA Form 1307 (Individual Jump Record), and a Certificate of Achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 February 2013 for a period of 3 years and 22 weeks.  He did not complete his advanced individual training (AIT).

2.  His Duty Status Listing shows he was in an absent without leave (AWOL) status from 15 June to 14 August 2013.

3.  On 22 August 2013, the applicant's unit commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level status performance and conduct.  The unit commander stated that due to the applicant's failure to adapt to the military environment and inability to complete his AIT, he was recommending that he be separated from the military.  The unit commander also recommended that the applicant be permitted to reenlist at a later date.  He was advised of his rights.

4.  He acknowledged notification of his proposed separation from the U.S. Army.  He consulted with legal counsel and he submitted statements in his own behalf.  He stated he would like the opportunity to possibly stay in the Army or reenlist at a later date.  He admitted that it was very wrong and unprofessional of him to go AWOL.  It was a weak point in his Army career and he formally apologizes.  If there is anything he can do to make up for this mistake he would do it as long as it doesn't keep him from ever being able to serve again.  

5.  The separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry level status performance and conduct with service uncharacterized.

6.  He was accordingly discharged on 1 October 2013.  He completed 5 months and 7 days of creditable active service with 60 days of lost time.

7.  The DD Form 214 he was issued at the time shows in:

   a.  item 14 (Military Education) no entry indicating he completed Airborne training.
   
   b.  item 25 (Separation Authority) the entry "AR 635-200, CHAP 11."
   
   c.  item 26 (Separation Code) the entry "JGA."
   
   d.  item 27 (Reentry Code) the entry "3." 

8.  He provided the following documents which indicate:

	a.  Certificate of Achievement, dated 23 May 2013, he was commended for his exceptional dedication, motivation, and discipline needed to graduate from the U.S. Army Airborne Orientation Course.  

	b.  Diploma from the U.S. Army Infantry School, he successfully completed the Airborne Course at Fort Benning, GA on 14 June 2013.

	c.  DA Form 1307 someone completed Administrative or Non-Tactical and Combat Equipment (A/NT/CE) jumps during the period 10 to 12 June 2013.  This form does not bear the name, service number or rank of any Soldier.

9.  His service record doesn't include orders which show he was awarded the Parachutist Badge.

10.  He provided a self-authored statement in which he attested:

	a.  he has dreamed of being a Soldier in the U.S. Army since he was a young boy.

	b.  he enlisted a year ago and successfully completed basic training and Airborne training.  At that time, he was given a week-end pass before beginning AIT.  He visited his family and didn't return for his ordered training.  He can't explain why he made such a terrible decision.  He supposes that the unpreparedness for the separation from his family is the reason he didn't return for training.  

   c.  he feels tremendous regret for his actions and remorse for giving up his lifetime dream.  He feels he has matured in the past year and has grown as a person.  He knows now that he is ready to fully dedicate himself to the required duties of being an active and productive member of the U.S. military.
   
   d.  there is nothing he wants more than to be given a second opportunity to prove his allegiance to this country.  His desire to serve is greater now than ever.

11.  He also provided character references from his family and friends who attested that he is passionate about serving in the military; he is now ready to make a commitment to serve his country; he is now willing to accept responsibility for his action; and he will be a great asset to the military.  

12.  Army Regulation 635-200, 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 the character of service for members separated under the provisions of this chapter will be uncharacterized.

13.  Army Regulation 635-5-1 (Special 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.  It states that 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."

14.  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 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.  

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version of this regulation in effect at the time, directed that item 14 would list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.  

16.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's statements in regard to his request for changing his RE code are acknowledged.  However, his service record does not indicate an error or injustice exists in his case.

2.  He was discharged on 1 October 2013 under the provisions of Army Regulation 635-200, chapter 11, based on entry level performance and conduct.  His DD Form 214 shows he was separated with an SPD code of JGA and assigned an RE code of 3 in accordance with the governing regulation.

3.  His RE code is based on his reason for discharge and it cannot be changed unless his narrative reason for his separation is changed.  His narrative reason for separation was based on entry level status performance and conduct.  There is no basis upon which this reason should be changed.  Therefore, there is no basis for granting relief in this case.  He is advised that 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.

4.  His character references were acknowledged.  However, these documents alone are not sufficient as a basis to change his RE code.

5.  His diploma shows he completed the Airborne Course on 14 June 2013.

6.  However, his DD Form 214 failed to reveal an entry for award of the Parachutist Badge or that he completed the Airborne Course in 2013.  

7.  Therefore, it would be appropriate to amend item 14 of his DD Form 214 to show the entry "Basic Airborne School, 3 Weeks, 2013."  Additionally, item 13 of his DD Form 214 should also be amended to show award of the Parachutist Badge. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending item 14 of his DD Form 214 by adding the entry "Basic Airborne School, 3 Weeks, 2013"; and 

	b.  amending item 13 of his DD Form 214 by adding award of the Parachutist Badge.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his RE code from RE-3 to RE-1.



      ___________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)                                         AR20140004865





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ABCMR Record of Proceedings (cont)                                         AR20140004865



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