MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           11 SEPTEMBER 2001
	DOCKET NUMBER:   AR2001056629

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman, Jr.		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 records be corrected by changing her separation and reentry codes on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES:  In effect, that her separation and reentry codes prohibit her from participating in the Army Reserve Officers Training Corps (ROTC) Program at Florida A & M University where she is currently enrolled as a full time student.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 21 January 1999 for a period of  
5 years.  

On 14 July 1999, the applicant was notified by her commander that he was initiating action to separate her from the Army under the provisions of Army Regulation 635-200, chapter 11 for unsatisfactory performance and conduct.

On 22 July 1999, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failure to obey a lawful order, communicating a threat, disrespect to a noncommissioned officer, disorderly conduct and making a false statement.  Her punishment was reduction to pay grade E-1, forfeiture, restriction and extra duty.

On 26 July 1999, the applicant’s commander recommended that she be discharged from military service, under the provisions of Army Regulation 
635-200, chapter 11, for unsatisfactory performance and conduct.  His actions were based on the applicant’s elimination from MOS 98X training due to academic deficiency, her offenses which violated the Uniform Code of Military Justice, and her inability to obey rules and regulations of the Army.  

On 26 July 1999, after consulting with legal counsel, the applicant acknowledged that she understood the basis for her commander's actions, requested legal counsel and elected not to submit statement on her own behalf.

On 30 July 1999, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct.  Her DD Form 214 indicates she had 6 months and 10 days of active service, and was
assigned the separation code of "JGA" and the reentry code of "3". 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel in an entry level status who cannot or will not adapt socially or emotionally to military life or who have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory under this chapter.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the regulatory authority authorizing the separation will be entered in item number 25 of the DD Form 214.  Item number 26 will contain the separation code, as shown in Army Regulation 635-5-1 based on the regulatory authority, and item 27 will contain the reentry code authorized by Army Regulation 601-210.

Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators (SPD) to be used for these stated reasons.  It indicates that "entry level performance and conduct" is the appropriate narrative reason for discharge when the authority is Army Regulation 635-200, Chapter 11, and the appropriate SPD code is "JGA".

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 US 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.  Reentry code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 11, 13, and 14 of Army Regulation 
635-200.

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 to show that there was an error or injustice in this case.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.

3.  Her DD Form 214 accurately reflects the appropriate separation code in item number 26 of "JGA" and the appropriate reentry code of " 3" in item number 27.  The fact that these codes may preclude the applicant's participation in an ROTC program does not serve as a basis to remove or change the codes.

4.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

5.  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

__CLA __  __CLG __  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056629	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010911	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.