IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140007633 


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 an upgrade to his reentry eligibility (RE) code to RE-1.

2.  He states the medical documents that he provided to his recruiter were never turned in because the recruiter told him the documents were not required in order for the applicant to enlist in the Army.  After he arrived at Basic Training he attended a meeting and was told that if any recruiter had lied to them, hid anything from them or told them that certain paperwork did not matter, then that recruiter did them a disservice.  As a result, he refused to train in order to be sent back home.  He has continued to try and reenlist since his discharge.  

3.  He provides a Consent for Release of Personal Records granted to his congressman.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 5 June 2012.

2.  On 12 June 2012, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, chapter 11, due to entry level performance and conduct.  The commander cited as the specific reason for his proposed action the applicant's refusal to obey a lawful order to ship to Basic Training.  He recommended the applicant receive an entry-level separation with uncharacterized service.

3.  On 19 June 2012, the applicant acknowledged receipt of the proposed action against him and consulted with legal counsel.  He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights.  Subsequent to receiving this counseling, the applicant completed his election of rights by waiving his right to have his case considered by an administrative separation board and declined to submit statements in his own behalf.  The applicant declined to have a separation medical examination.

4.  On 25 June 2012, the separation authority approved waiver of the applicant's rehabilitative transfer and approved the discharge under the provisions of Army Regulation 635-200, chapter 11.

5.  On 3 July 2012, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 11, by reason of entry level status performance and conduct, with an entry level status discharge.  The DD Form 214 he was issued at the time confirms he held the rank of private/E-1 and had completed a total of 29 days of active military service.  He was given a separation program designator (SPD) code of JGA and an RE-3

6.  Army Regulation 635-200 sets forth the basic policy for the separation of enlisted personnel.  Chapter 11 provides the policies and procedures for separating individuals who are in an entry level status (180 days or less) who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  It provides that service under this provision will be uncharacterized unless the Secretary of the Army determines that a characterization of honorable is warranted by unusual circumstances involving personal conduct and performance of duty.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  It stated that item 28 (Narrative Reason for Separation) would list the narrative reason for separation based on regulatory or other authority and could be cross-referenced with Army Regulation 635-5-1 (SPD Codes).

8.  Army Regulation 635-5-1 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, paragraph 11, by reason of "entry level performance and conduct."  The SPD/RE Code Cross Reference Table states that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JGA.

9.  Army Regulation 635-200 further states, in pertinent part, 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.  Table 3-1 included a list of the RA RE codes:
   
		(1)  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.

		(2)  RE-2 is no longer used, effective 1995.

		(3)  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 unless a waiver is granted.

		(4)  RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200, paragraph 11, entry level performance and conduct with an uncharacterized character of service and RE-3.

2.  By regulation RE-3 is the proper code to assign members separated under the provisions of Army Regulation 635-200, paragraph 11, by reason of entry level performance and conduct.  Therefore, there is no basis to correct his 
DD Form 214 to show RE-1.

3.  The applicant is advised that although his RE code has not been upgraded, this does not mean that he is disqualified from reenlistment.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification.  Therefore, if he desires to reenlist, the applicant should contact a local recruiter to determine his eligibility for a waiver.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes.

4.  In view of the above, 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)                                         AR20140007633





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ABCMR Record of Proceedings (cont)                                         AR20140007633



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