IN THE CASE OF:	  

		BOARD DATE:	  4 February 2015

		DOCKET NUMBER:  AR20140010130 


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 his reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) so he can enlist in the Regular Army (RA).

2.  He states he was a child when he enlisted and did not care about anything, but he has since grown-up.

3.  He provides his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Army National Guard (ARNG) on 28 July 2011 at the age of 21 years and 11 months.  He was ordered to active duty for training on 19 October 2011.

2.  On 29 November 2011, the applicant's unit commander notified him of his intent to recommend his separation from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry-level performance and conduct.  He cited the applicant's receipt of a company-grade Article 15 for refusing to conduct mandatory training as the reason for his proposed action.

3.  On 29 November 2011, the applicant acknowledged notification of the proposed separation action.

4.  On 29 November 2011, he consulted with military counsel.  After being advised of the basis for the contemplated separation and its effects and the rights available to him, he waived his rights and did not provide statements in his behalf.

5.  The unit commander subsequently recommended the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, with an entry-level separation – service uncharacterized.

6.  On 29 November 2011, the appropriate authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 11 and directed the applicant's discharge with an entry-level separation – service uncharacterized.

7.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level performance and conduct with uncharacterized service.  He was 22 years and 4 months old at the time of his discharge.  He completed 1 month and 25 days of net active service during this period.  His DD Form 214 also shows he was assigned a separation code of "JGA," an RE code of "RE-3," and a narrative reason for separation as "entry level performance and conduct."

8.  Army Regulation 635-200, chapter 11, provides for the separation of Soldiers in an entry-level status (less than 180 days of creditable active service) who have demonstrated they are not qualified for retention.  Specifically cited as an example which would render an individual not qualified for retention were those Soldiers who "cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline."  Individuals discharged under the provisions of chapter 11 received an "entry level performance and conduct" statement as the narrative reason for their separation.

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. 
It states 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.


10.  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, U.S. Army Reserve, and ARNG.  Table 3-1 provides a list of RE codes.

	a.  RE-1 applies to Soldiers completing their terms 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.

DISCUSSION AND CONCLUSIONS:

1.  The records show the applicant was 21 years and 11 months of age at the time of his enlistment and 22 years and 4 months old at the time of his discharge. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed military service.  Therefore, his contention that his age led to his early discharge is not sufficient as a basis for changing his RE code.

2.  The available evidence shows the applicant had less than 180 days of credible active service at the time of separation and received an entry level performance and conduct discharge.  He was assigned an RE code of 3 that is consistent with the reason for his separation.  He failed to show his assigned RE code is in error or unjust.

3.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for his assigned RE-3 code.  His desire to be able to enter the RA in the future was considered; however, there are no provisions authorizing the change of an RE code for this purpose.

4.  The applicant is advised that 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 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.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20140010130



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ABCMR Record of Proceedings (cont)                                         AR20140010130



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