IN THE CASE OF:  	  

		BOARD DATE:  8 September 2015	  

		DOCKET NUMBER:  AR20150002321 


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 the reentry eligibility (RE) code on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a 3 to a 1.

2.  The applicant states he:

* was discharged in accordance with chapter 11 (Entry Level Performance and Conduct) for failure to adapt
* was told by a recruiter that he did not deserve an RE code of 3 due to failure to adapt
* tried to reenter, but the recruiter told him that the Board would have to change it to a RE code of 1 for reentry

3.  The applicant provides his DD Form 214, a DD Form 4856 (Developmental Counseling Form), and 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 4 February 2014.

3.  He submitted and his record reveals a disciplinary history that includes a DA Form 4856 (General Counseling Form) documenting a counseling session from 31 March 2014 informing the applicant of the recommendation for administrative separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, due to his failure to meet and maintain "Soldierization" standards based on his not showing potential or motivation and a lack of discipline to become a productive Soldier in the U.S. Army.

4.  On 8 April 2014, the:

	a.  applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, chapter 11, due to entry level performance and conduct.  The commander cited as the specific reasons for his proposed action the applicant's unsatisfactory performance and conduct due to lack of discipline and motivation, which prevents the successful completion of basic combat training. 

	b.  applicant acknowledged receipt of the proposed action against him and consulted with legal counsel.  He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights.  Subsequent to receiving this counseling, the applicant completed his election of rights by waiving his right to have his case considered by an administrative separation board and declined to submit statements in his own behalf.  

	c.  separation authority approved waiver of the applicant's rehabilitative transfer and approved the discharge under the provisions of Army Regulation 635-200, chapter 11.

5.  On 16 April 2014, he was discharged accordingly.  The DD Form 214 he was issued shows in:

* Block 24 (Character of Service): uncharacterized 
* Block 25 (Separation Authority): Army Regulation 635-200, chapter 11
* Block 26 (Separation Code): JGA
* Block 27 (Reentry Code): 3
* Block 28 (Narrative Reason for Separation): "Entry Level Performance and Conduct" 

6.  References:

	a.  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.

	b.  Army Regulation 635-8 (Separation Processing and Documents) established the policies and procedures for completion and distribution of the DD Form 214.  It states that item 28 will list the narrative reason for separation based on regulatory or other authority and can be cross-referenced with Army Regulation 635-5-1 (SPD Codes).

	c.  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.

   d.  Army Regulation 635-200 further states, in pertinent part, 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 U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes:
   
		(1)  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.

		(2)  RE-2 is no longer used, effective 1995.

		(3)  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 unless a waiver is granted.

		(4)  RE-4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct, and his DD Form 214 shows he has an uncharacterized character of service and RE code of 3.  It is noted that the approval authority had directed he be given an uncharacterized discharge, and he was separated for his entry level performance and conduct.

2.  By regulation, the RE code of 3 is the proper code to assign members separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct.  

3.  The applicant's separation processing, to include the SPD and RE code assignments, was accomplished in accordance with the applicable regulations.  All requirements of law and regulation were met and the rights of the applicant were fully protected.  Therefore, the RE code 3 assignment was and remains valid.  

4.  The applicant is advised that although his RE code has not been upgraded, this does not mean that he is disqualified from reentering military service.  RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification.  Therefore, if he desires to reenter service, the applicant should consult a local recruiter to determine his eligibility.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are responsible for processing 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)                                         AR20150002321





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ABCMR Record of Proceedings (cont)                                         AR20150002321



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