BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140017271 


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, that his Separation Program Designator (SPD) code be changed to something more favorable and that his reentry eligibility (RE) code of "3" be changed to a "1" for the purpose of enabling him to reenter military service.

2.  He states his current separation code does not allow him to reenlist in the service.  When he first enlisted at the age of 18, he was but a child and not prepared to handle the challenges of the service so, he quit; not knowing how his decision would impact him personally as he became an adult or how its coding would affect his current attempt to do it right.

3.  He shared with many friends his dreams of grandeur which included him becoming an officer and seeing the world during a career that lasted more than 20 years.  The outcome was a person who was out of shape, barely qualified to leave (home), and mentally unfit for the trials of training; a child that bit off way more than he could chew.  He did not commit any violations in training, followed orders and was making his way through.  Then he got hurt and instead of seeing it as an opportunity to fill in his gaps and get stronger, he used it as his way out.  He told the commander of Fort Jackson's Physical Training Rehabilitation Program (PTRP) unit that he wanted to leave the military so, they sent him home.

4.  He began training 2 years ago, when he weighed a ghastly 282 pounds, to get into shape in order to finish his time in the military.  Today, at a trim 175 pounds, he is faster and more determined than he ever was so, he reached out to local recruiters to find out his next steps.  It was then that he learned his discharge code prevented his ability to reenlist and was advised to seek relief from this Board.  

5.  He comes before the Board as a humble man who wishes to be able to look his children in the eyes and tell them that completing what you begin is essential.
He also comes before the Board as a man who has built a career's worth of skills and leadership qualities that he will use to help his fellow Soldiers in any way he can.  He is a determined and passionate individual who loves his country and the freedoms that he has with all of his heart.  This is not about money or benefits; he is simply the man who replaces the child who failed to understand the full value of sacrifice that so many have made, wanting to volunteer and to serve.  He would like the opportunity to finish his term of service and humbly asks for consideration.  

6.  He provides a self-authored statement.

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 Regular Army (RA) on 10 November 1998.

3.  The applicant's record contains a Moncrief Community Mental Health Service (CMHS) Form 9-R, dated 26 January 1999, which shows his commander referred him to the Moncrief CMHS located on Fort Jackson, SC for a mental health evaluation, with his consent.  The purpose for the evaluation was to assess the applicant's depression and loss of motivation.  The commander indicated that the applicant got along fairly well on the job with others in the unit and his supervisor.  She also indicated that the applicant had no history of courts-martial, nonjudicial punishment or rehabilitation attempts.  The applicant indicated his consent by authenticating the document with his signature.

4.  His record contains a DA Form 3822-R (Report of Mental Status Evaluation), dated 28 January 1999, which shows he underwent a mental evaluation because he was being considered for discharge because of an adjustment disorder with depressed mood.  The evaluator noted the applicant's behavior was normal, he was fully alert and fully oriented.  His mood and affect was depressed, but his thinking process was clear, his thought content was normal and his memory was good.  The evaluator opined that the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible.  It was determined that he had no potential for self-harm, harm to others or to go absent without leave was "None."  It was further determined that treatment at the time was not necessary.  The evaluator noted the basis for this recommendation was that the applicant was preoccupied with problems back home, had lost his motivation for training in the Army and become discouraged by the length of time that it would take for his injury to heal.  The applicant wanted to be discharged from the Army.  In view of the foregoing, the evaluator recommended that he be processed for expeditious administrative separation in accordance with the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 (Entry Level Separation) for the good of the service.

5.  A DA Form 4856 (General Counseling Form), dated 28 January 1999, shows the applicant was counseled regarding the CMHS recommendation that he be separated from the Army under the provisions of Army Regulation 635-200, chapter 11, due to his loss of motivation and discouragement over the length of time it would take for his injury to heal.  He was advised that if separation was initiated under chapter 11, he would receive an uncharacterized separation.  He was further advised that early separation, even with an honorable service characterization, could reduce his chances to obtain either civilian or government employment and it may preclude him from reenlisting in any of the Armed Forces.  His type of discharge would become a matter of permanent record.  The applicant indicated his concurrence with the counseling and authenticated the document with his signature.

6.  On 2 February 1999, the applicant's company commander notified him that she was recommending that the applicant be separated from the Army under the provisions of Army Regulation 635-200, chapter 11 due to his lack of motivation and diagnosis of adjustment disorder.  The commander stated that she did not consider it feasible to accomplish disposition other than separation from the U.S. Army.

7.  The applicant acknowledged receipt of this notification.  He was advised of the basis of the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 11, and its effect of the rights available to him and the effect of any action taken by him in waiving any of his rights.  He elected to waive his rights to consult with counsel and to submit statements in his own behalf before his discharge.  He also indicated his understanding that, if the separation was approved, he would receive an entry level separation with an uncharacterized discharge and that he would not be permitted to apply for reenlistment for a period of 2 years after discharge.

8.  The separation authority approved the request and directed the applicant be discharged from the Army under the provisions of Army Regulation 635-200, chapter 11, paragraph 11-3a, for entry level performance and conduct with an uncharacterized character of service.

9.  On 15 December 2011, he was discharged accordingly.  The DD Form 214 issued to him at the time shows:

* his character of service was "Uncharacterized"
* he was discharged under the provisions of Army Regulation 635-200, chapter 11 with a SPD code of JGA and an RE code of 3
* his narrative reason for separation was "Entry Level Performance and Conduct"

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation, in effect at the time, provided 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.  The regulation required an uncharacterized description of service for separation under this chapter.

11.  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 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.

12.  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 Regular Army (RA) and the U.S. Army Reserve (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 applicant's contention that his SPD and RE codes should be changed was carefully considered and determined to lack merit.

2.  The available evidence shows the applicant was separated for "Entry Level Performance and Conduct."  Accordingly, he was assigned an SPD code of JGA and an RE code of 3 that are each consistent with the reason for separation.  He has failed to show that either his assigned SPD or RE code is in error or unjust.

3.  There is no apparent bases for removal or waiver of the applicant's disqualification that established the basis for the assigned SPD code of JGA or RE code of 3.  His desire to be able to enter the military in the future was considered; however, there are no provisions authorizing the change of an SPD code or RE code for this purpose, and the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  

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)                                         AR20140017271





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ABCMR Record of Proceedings (cont)                                         AR20140017271



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