IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20140020691
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 eligibility (RE) code.
2. The applicant states he was told he could return to the military without any issues after 6 months. He wishes to reenlist in the Army. He was bullied and harassed while in basic training and this led him to make the rash decision to leave the Army. The harassment was in plain view but the training leadership did nothing to help.
3. The applicant does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 16 June 2014.
2. The specific facts and circumstances of his separation are not available for review with this case.
3. On 14 August 2014, he was discharged after completing 1 month and 29 days of net active service this period. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows in:
* Item 23 (Type of Separation) Discharge
* Item 24 (Character of Service) Uncharacterized
* Item 25 (Separation Authority) Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11
* Item 26 (Separation Code) JGA
* Item 27 (Reentry Code) 3
* Item 28 (Narrative Reason for Separation) Entry Level Performance and Conduct
4. 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.
5. 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.
6. 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 requests an upgrade of his RE code.
2. The complete facts and circumstances surrounding his discharge were not available for review; however, evidence shows he was separated under the provisions of Army Regulation 635-200, paragraph 11, entry level performance and conduct with an uncharacterized character of service and an RE code of 3.
3. By regulation RE-3 is the proper code to assign members separated under the provisions of Army Regulation 635-200, paragraph 11, by reason of entry level performance and conduct. Therefore, there is no basis for granting his requested relief.
4. 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 and are responsible for processing requests for enlistment 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) AR20140020691
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ABCMR Record of Proceedings (cont) AR20140020691
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