IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140019524
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 an upgrade of his reentry (RE) code from "3" to "1."
2. The applicant states at the time of his discharge he was under family duress. He was then offered, and he accepted, an entry level separation. However, it was not explained to him that the accompanying RE code of "3" would prevent him from continuing his dream of serving in the military.
3. The applicant provides no additional evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 October 2011. He did not complete basic training.
2. His unit commander notified him on 31 October 2011 that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, for entry level status performance and conduct. As reasons for the separation action, his commander cited the applicant's inability to adapt to military standards and refusal to train.
3. The applicant acknowledged receiving the separation notification memorandum. He declined to consult with legal counsel and he did not submit statements in his own behalf.
4. The separation authority approved his discharge on 1 November 2011, under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level status performance and conduct with service uncharacterized.
5. He was discharged on 8 November 2011 after completing 22 days of creditable active service.
* Item 26 (Separation Code) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows the entry "JGA"
* Item 27 (Reentry Code) of the DD Form 214 he was issued shows the entry "3"
6. Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status. It states, in pertinent part, that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states the character of service for members separated under the provisions of this chapter will be uncharacterized.
7. Army Regulation 635-5-1 (Special 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 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 "3" is the RE code that will be assigned to members separated under these provisions with an SPD code of "JGA."
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and U.S. Army Reserve. Table 3-1 included a list of the Regular Army RE codes:
* 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
* 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 request for an upgrade of his RE code was carefully considered. His statements in regard to his request for changing his RE code are acknowledged.
2. The evidence of record shows he was discharged on 8 November 2011 under the provisions of Army Regulation 635-200, chapter 11, based on entry level performance and conduct.
3. His DD Form 214 shows he was separated with an SPD code of "JGA" and assigned an RE code of "3" in accordance with the governing regulations.
4. His RE code was based on his reason for discharge and it cannot be changed unless his narrative reason for his separation is changed. His narrative reason for separation was based on entry level status performance and conduct. There is no basis upon which this reason should be changed. Therefore, there is no basis for granting relief in this case
5. 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 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) AR20110005608
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ABCMR Record of Proceedings (cont) AR20140019524
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