IN THE CASE OF:	  

		BOARD DATE:	 19 February 2015 

		DOCKET NUMBER:  AR20140011209 


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, in effect, change of his reentry (RE) code from "3" to "1" in order to reenter the military.

2.  The applicant states, in effect, that he was discharged for failing the Army Physical Fitness Test (APFT).  He would like to enlist in the U.S. Army Reserve (USAR), but his current RE code is preventing him from doing so.  His inability to reenter the Army, simply for failing the APFT, is too harsh a penalty since he never received any disciplinary actions while in basic training.  He can now pass the APFT as evident by his APFT card from the New Mexico Military Institute Army Reserve Officers' Training Corps (ROTC).  He just wants to proudly serve his country.

3.  The applicant submitted a personal letter to the board and the following documents, listed chronologically:

* a copy of a list of awards as a Young Marine, dated 30 June 2007
* a Certificate of Appreciation from The City of Oceanside, dated               19 September 2007
* a Certificate of Accomplishment from the California Highway Patrol, dated 23 July 2011
* a Certificate of Military Excellence from the Veterans Association of North County, dated 12 May 2012
* an extract of a DA Form 4856 (Developmental Counseling Form), dated 26 July 2012
* an extract of a memorandum from Company E, 2nd Battalion, 19th Infantry Regiment, dated 28 September 2012, subject: Under AR 635-200 (Active Duty Enlisted Administrative Separations), Chapter 11, Entry Level Performance and Conduct
* his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 October 2012
* DA Form 705 (Army Physical Fitness Test Scorecard) from the New Mexico Military Institute Army ROTC, documenting an APFT administered on 26 March 2013
* a copy of his U.S. Government Identification Card, undated
* a copy of an InfraGard Card – San Diego Chapter, undated

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the California Army National Guard (CAARNG) on 
3 April 2012. He entered active duty or training ADT on 5 June 2012

2.  His record is void of a separation packet; however, it contains Orders 283-2232, issued by Headquarters, U.S. Army Garrison, Fort Benning, Georgia, which released him from active duty for training, discharged him from the Reserve of the Army, and returned him to the control of the CAARNG, effective 11 October 2012.

3.  On 11 October 2012, he was released from the custody and control of the U.S. Army and returned to his ARNG unit of assignment.  His DD Form 214 shows in:

* item 25 (Separation Authority), the entry "Army Regulation 635-200, chapter 11"
* item 26 (Separation Code), the entry "JGA"
* item 27, the entry "3"
* item 28 (Narrative Reason for Separation), the entry "Entry Level Performance and Conduct"

4.  His record contains Orders 115-1083, issued by Joint Force Headquarters, CAARNG, Sacramento, California, which discharged him with an "uncharacterized" discharge, effective 25 April 2013.

5.  As provided by the applicant, a DA Form 4856 (Developmental Counseling Form) dated 26 July 2012 and unsigned, shows he was counseled for failure of his third APFT and advised that continued conduct may result in a bar to reenlistment, administrative action to include separation from service, and punishment actions.
6.  A memorandum provided by the applicant from Company E, 2nd Battalion, 19th Infantry Regiment, Fort Benning, Georgia with subject: Separation Under AR 635-200, Chapter 11, Entry Level Performance and Conduct, notified him the command was initiating action to separate him for Entry Level Performance and Conduct as a result of continuously failing the APFT.  It also recommended his character of service be classified as "uncharacterized."

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that 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.  

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army and the U.S. Army Reserve.  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.  It also states that RE codes may be changed only if they are determined to be administratively incorrect.  Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces RE codes, including Regular Army RE codes.  

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

	b.  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.

9.  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 regulation shows that the SPD code of "JGA," as shown on his DD Form 214, is appropriate for involuntary separation when the narrative reason for discharge is entry level 

performance and conduct and the authority for discharge is Army Regulation 635-200, chapter 11.

10.  The U.S. Army Human Resources Command (HRC) publishes a cross-reference list of SPD and RE codes.  The cross-reference list in effect at the time showed that an SPD code of "JGA" was assigned an RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his RE code from "3" to "1" in order to reenter the military was carefully considered. 

2.  Notwithstanding the absence of a separation packet in his record, the applicant provided two documents that proved he was being separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct as annotated on his DD Form 214.  Therefore, a presumption of regularity must be made that what the Army did was correct.

3.  Based on the authority and reason for separation, he was properly assigned an SPD code of "JGA" and a corresponding RE code of "3" in accordance with applicable regulations.  Therefore, without evidence showing that an error exists on his DD Form 214 or that his discharge was in error or unjust, there is no basis to grant the requested relief.

4.  The applicant is advised that although no change is being recommended regarding his RE code, this does not mean that he is permanently disqualified from reentering military service.  An RE code of "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.

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)                                         AR20130010136



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ABCMR Record of Proceedings (cont)                                         AR20140011209



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