MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 October 2001
	DOCKET NUMBER:   AR2001059466

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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:  In effect, that his reentry (RE) code be changed.

APPLICANT STATES:  In effect, that he would like his RE-3 code changed on his separation document (DD Form 214) to a one that would allow him to pursue a career in the Army.

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

On 21 March 2000, he enlisted in the Army for 3 years and was assigned to Fort Benning, Georgia to attend training in military occupational specialty 11X (Infantry).  

The evidence of record includes several formal counseling statements issued to the applicant between 22 April 2000 and the date of his separation.  They document sessions in which the applicant was counseled by members of his chain of command in regard to his lack of motivation, lack of self-discipline, failure to follow instructions, unwillingness to adapt to military life, and for not being a team player.  

On 10 May 2000, the applicant was notified by his unit commander that an entry level separation (ELS) action was being initiated against him based on his 
inability to adapt socially or emotionally to military life.  The applicant consulted counsel, and after being advised of the basis for the contemplated separation and its effects, he completed his election of rights.  

On 17 May 2000, the appropriate authority approved the separation action and directed the applicant receive an uncharacterized ELS.  Accordingly, the applicant was separated on 24 March 2000.  The DD Form 214 issued to him on the date of his separation confirms he was separated after completing just 
2 months and 4 days of active military service.  It also verifies that he was discharged under the provisions of chapter 11, Army Regulation 635-200, by reason of entry level performance and conduct and that he was assigned a Separation Program Designator (SPD) code of JGA and RE-3 code. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  It states, in pertinent part, that members who demonstrate they are not qualified for retention because they cannot adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service will be separated under these provisions.  The regulation requires an uncharacterized separation for members separated in an ELS.

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.  The SPD code of JGA is the appropriate code to assign members separating under the provisions of chapter 11, Army Regulation 635-200 for entry level performance and conduct.  In addition, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes RE-3 as the proper reentry code to assign to soldiers separated by reason of ELS performance and conduct.

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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. 

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.  The Board noted the applicant’s contention and desire to pursue an Army career.  However, these factors alone provide an insufficient basis for granting the requested relief.  

2.  The evidence of record confirms that the applicant’s discharge processing, to include the SPD and RE code assignment, was accomplished in accordance with applicable regulations.  Further, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  In view of the circumstances in this case, the Board concludes the assigned RE-3 code was and still is appropriate.  However, this does not mean that the applicant has been completely denied the opportunity to reenlist.  Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with Recruiting personnel, who by regulation are required to process waiver requests, to determine if he is eligible to apply for a waiver under current enlistment standards and criteria. 

4.  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

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__  __AAO__  __HBO __  DENY APPLICATION

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

INDEX

CASE ID	AR2001059466	
SUFFIX		
RECON		
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	2000/05/24	
DISCHARGE AUTHORITY	AR 635-200 C11	
DISCHARGE REASON	ELS Performance and Conduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  04	100.0300	
2.		
3.		
4.		
5.		
6.