MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2000                   
	DOCKET NUMBER:   AR2000043442

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her reentry code be corrected.

APPLICANT STATES:  That she was informed that she would receive an entry level separation due to her family situation.  She was under the impression that she would be released and returned to the Army after her daughter’s emergency was taken care of.  However, when she returned to the recruiting station she was made aware of the fact that she would not be able to return to the Army for 2 years.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from her separation packet.

The applicant enlisted in the Regular Army on 15 April 1999.  

On an unknown date, the applicant received a Red Cross message that her daughter was the victim of abuse at the day care facility in which she was enrolled.

On 11 May 1999, a General Counseling Form, DA Form 4856, noted that the applicant’s commander was recommending her for an entry level separation due to her family problems.  She was counseled that if the separation was approved and she was separated, she must wait 2 years before she could attempt to       re-enter the military service.  The applicant signed the DA Form 4856 acknowledging she had been counseled and understood the reason for the counseling session.  She concurred that the information on the form accurately reflected the counseling session.

On 11 May 1999, the applicant was also counseled, by an unknown individual, that she might want to ask for emergency leave to assess her situation prior to being discharged considering this was her second time being in the Army.  She apparently elected not to request emergency leave. 

On 1 June 1999, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, chapter 11.  On 2 June 1999, the applicant acknowledged notification of her proposed separation.  The appropriate commander approved the recommendation.  On 9 June 1999, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 for entry level performance and conduct with an uncharacterized description of service.  Her separation code was JGA, involuntary discharge for entry level performance and conduct.  She was given a reentry code of 3, not qualified for reenlistment but the disqualification was waivable.

Army Regulation 635-5-1 provides that a reentry code of 3 is given when the separation code is JGA.

Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that do not qualify for retention:  cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  An uncharacterized description of service is required for soldiers in an entry level status.

Pertinent Army regulations provide 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 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army  (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.  It also states that a waiver is required when an applicant was separated or discharged for any of a number of reasons, to include entry level performance or conduct, but the waiver may not be submitted until a 2-year period has elapsed since the separation or discharge. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The reentry code of 3 that the applicant was given was correct considering the reason for her discharge.  In addition, the evidence of record shows that she was counseled that she would have to wait 2 years before she would be permitted to re-enter the Army.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __esc___  __jtm___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000043442	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.