IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 February 2014

      CASE NUMBER:  	AR20130012562
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to the narrative reason for separation to include the reentry eligibility (RE) code.

2.  He states, in effect, he was told when he was separated that he would just have to wait six months; it has been two years since his separation and he continues to run into issues due to his RE code and the narrative reason for separation.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		2 July 2013
b. Discharge received:			Honorable
c. Date of Discharge:			20 May 2011
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, Chapter 13, JHJ, RE-3
e. Unit of assignment:			D Company, 305th Military Intelligence Battalion						Fort Huachuca, AZ
f. Current Enlistment Date/Term:  	21 September 2010/OIADT, 18 weeks
g. Current Enlistment Service:  	8 months
h. Total Service:			1 year, 1 month, 15 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (100406-100920)/NA									   (Concurrent Service)
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				NIF
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Army National Guard on 6 April 2010, for a period of 7 years and 51 weeks.  He was 27 years old at the time of entry and a college graduate.  He was ordered to initial active duty training and was in advanced individual training (AIT) serving at Fort Huachuca, AZ when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 13 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for being academically relieved and unable to enter a different military occupational specialty (MOS).

2.  The unit commander recommended an honorable discharge and advised the applicant of his rights.  

3.  On 13 May 2011, the applicant was afforded the opportunity to consult with legal counsel and declined the opportunity to do so, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  On 13 May 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of honorable.  The applicant was not transferred to the US Army Reserve (IRR).

5.  The applicant was discharged from the Army on 20 May 2011, with a characterization of service of honorable.

6.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or any actions under Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a Report of Mental Status Evaluation, dated 27 April 2011, which indicated the applicant was psychologically cleared for any administrative action deemed appropriate by the command.

2.  He received a negative counseling statement, dated 22 April 2011 for being recommended for separation under Chapter 13.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  
2.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.

3.  Army Regulation 635-5-1 (Separation 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 identifies the SPD code of "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, unsatisfactory performance.

4.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation and reentry code was carefully considered.  However, after examining the applicant’s record of service, his military records and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for separation.  

2.  The applicant requested a change to the narrative reason for separation to include the RE code.  However, Army Regulation 635-5-1 (Separation 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 identifies the SPD code of "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance.

3.  Further, Soldier assigned a SPD Code of "JHJ" will be assigned an RE Code of 3.

4.  The applicant contends he was told when he was separated that he would just have to wait six months; it has been two years since his separation and he continues to run into issues due to his RE code and the narrative reason for separation.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There is no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

5.  Further, the evidence of record shows that on 13 May 2011, in the applicant’s election of rights he understood he would be ineligible to apply for enlistment for a period of two years after discharge.

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the narrative reason for separation and reentry code being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance   Date:  10 February 2014   Location: Washington, DC

Did the Applicant Testify:  Yes

Counsel:  None

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted no additional documents.

2.  The applicant presented the additional contention:

     a.  Change the reentry eligibility (RE) code (not specified) but it was presumed the request was for a change to ‘1’.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	1	No Change:  4
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	NA
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		No Change
Grade Restoration to:		NA
Other:					NA


Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130012562



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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