IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140010474
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 that his reentry code 3 (RE-3) be changed so he can reenter the Army.
2. The applicant states his records indicate he was unable to pass the physical examination when in fact his failure was not passing the advanced written aerospace test.
3. The applicant provides four letters of support from a friend, a police detective, a church pastor, and a school counselor. In essence they say he is ready to get back into the Army and would be a good Soldier. No police record was found for the applicant. He is a father who is doing his best to provide for his family. He maintained an "A" average from 2009 to 2011 at the Coshocton County Career Center.
CONSIDERATION OF EVIDENCE:
1. On 5 July 2011, the applicant enlisted in the Regular Army (RA).
2. On 5 January 2012, the applicant was advanced to private, pay grade E-2.
3. On 24 February 2012, the applicant's commander notified him that he was intending to separate him for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13. This action was based on his failure to meet the requirements of the Phase 1 Operator Common Core Course, Unmanned Aircraft System.
4. On 1 March 2012, the appropriate authority approved the applicant's administrative separation and directed he receive an honorable characterization of service.
5. On 7 March 2012, the applicant was honorably discharged from active duty. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, (Personnel Separations Active Duty Enlisted Separations), chapter 13 due to unsatisfactory performance. He had completed 8 months and 3 days of creditable active duty service. He was assigned a Separation Program Designator (SPD) code of JHJ and an RE code 3.
6. Army Regulation 635-5-1 ((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 JHJ is the appropriate code to assign to Soldiers separated under the provision of Army Regulation 635-200, chapter 13 due to unsatisfactory performance. 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 JHJ.
7. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case. Unsatisfactory Performance does not just mean not passing the physical examination.
2. The RE-3, establishing his enlistment/reenlistment ineligibility without a waiver, was correctly entered on his separation document in accordance with governing regulations.
3. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE-3. The applicants desire to continue in the service to his country is noted, however, there are no provisions authorizing the change of an RE Code for this purpose.
4. The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant 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 enlistment waivers for the applicants RE-3.
5. In view of the above, the applicant's 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) AR20130022121
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ABCMR Record of Proceedings (cont) AR20140010474
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