IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140008117 


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 amendment of her reentry eligibility (RE) code to 2 in order to reenter the military.

2.  The applicant states:

	a.  She went before a board in April 2013 and she received a letter stating she should not have anything held against her, but she still cannot enlist because of her RE code of 3.

	b.  While she was in Washington, DC, she was granted the opportunity to look through her records.  She is not understanding why she has "and conduct" on her DD Form 214 (Certificate of Release or Discharge from Active Duty) because her chain of command signed off stating she was not an issue and she did not do anything wrong.

	c.  She was not given a fair shot at becoming a Soldier.  When she was in the "red phase," she did not complete the run only because she stayed behind in order to help her battle buddy.

	d.  She was then sent to a program called "Strike" where they are supposed to help with the things Soldiers were not able to do in the prior company.  After a few weeks, she was separated and sent home.

	e.  She has sent paperwork numerous times with her recruiter and also on her own time.  She also drove for 13 hours to Arlington, VA, in order to appear before the board.

3.  The applicant provides a DD Form 214, letter from the Army Discharge Review Board (ADRB), and three third-party character-reference letters.

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 U.S. Army Reserve on 22 May 2009.  She entered initial active duty for training on 5 October 2009.

3.  On 3 December 2009, her immediate commander initiated separation action against her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 (Entry Level Performance and Conduct).  Her commander cited the applicant's inability to meet the physical fitness standards required to graduate basic combat training as the specific reason for the proposed separation.  She had been in the "Strike" program for over 5 weeks and she was still unable to do the bare minimum.

4.  On 3 December 2009, she was advised of the basis for the contemplated action to separate her for entry-level performance and conduct under the provisions of Army Regulation 635-200, chapter 11, and its effects, the rights available to her, and the effect of any action taken by her in waiving her rights.  She waived representation by legal counsel and elected to submit a statement in her own behalf.  However, the statement was not located in her military records.

5.  On 7 December 2009, the appropriate authority approved the separation.  On 16 December 2009, she was discharged accordingly.  Her DD Form 214 shows she completed 2 months and 12 days of active duty service and that she was given a character of service of "uncharacterized."  Her DD Form 214 also shows in:

* block 26 (Separation Code) the entry "JGA"
* block 27 (Reentry Code) the entry "3"
* block 28 (Narrative Reason for Separation) the entry "Entry Level Performance and Conduct"

6.  On 10 August 2011, the ADRB denied her request for an upgrade of the character of her service to general under honorable conditions.  On 22 April 2013, the ADRB denied her request for an upgrade of the character of her service to honorable and for a change of the narrative reason for her separation.

7.  She provided a letter from the ADRB which explains the reason for the applicant's "uncharacterized" discharge.  She also provided three third-party character-reference letters which attest to her positive character traits and support her reentry into the military.

8.  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 applied to individuals who 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 separation policy applied 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.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army, Army Reserve, and Army National Guard.  This regulation provides 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.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

	a.  RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met.

	b.  RE-2 applies to Soldiers separated prior to the effective date of this regulation.  This code will not be used.

	c.  RE-3 applies to persons not qualified for continued Army service at the time of discharge, but the disqualification is waivable.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used.  The SPD code of JGA as shown on the applicant's DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is entry-level performance and conduct and the authority for discharge is Army Regulation 635-200, chapter 11.

11.  The SPD Code/RE Code Cross Reference Table states that when the SPD code is JGA then an RE code of 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her RE code should be changed so she may reenter the military.

2.  The evidence shows she was properly separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level performance and conduct.  Based on the authority and reason for separation, she was properly assigned an SPD code of JGA and a corresponding RE code of 3 in accordance with the applicable regulations.  Therefore, without evidence showing that an error exists on her DD Form 214 or that her discharge was in error or unjust, there is no basis to grant the relief requested.

3.  The applicant is advised that although no change is being recommended regarding her RE code, this does not mean that she is permanently disqualified from reentering military service.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification.  Therefore, if she desires to reenter military service, she should periodically contact a local recruiter who can best advise her on her 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.


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)                                         AR20140008117



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ABCMR Record of Proceedings (cont)                                         AR20140008117



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