RECORD OF PROCEEDINGS

            IN THE CASE OF:      

	BOARD DATE:            03 FEBRUARY 2004                
	DOCKET NUMBER:   AR2003087163

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

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that her discharge be changed from "Uncharacterized" to "Honorable" and that her reentry (RE) code of "3" be changed to "1."

2.  The applicant states that she was counseled only once, after she received the documents relating to her discharge processing.  She was not given various chances, or chastened about her behavior or performance. 

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of her separation processing, a copy of a FAX cover sheet referring to a promotion, a copy of a statement from a fellow soldier, and a copy of a counseling statement. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted in the Army Reserve delayed entry program (DEP) for 8 years on 13 October 2000, with the understanding that she would be ordered to active duty as a Reservist unless she reported to the Jacksonville MEPS (Military Entrance Processing Station) by 10 September 2001 for enlistment in the Regular component of the Army for 4 years.  

2.  A 19 September 2001 Separation Request Form (USAREC [United States Army Recruiting Command] Fm 996-R-E) indicates that an official of that command requested that the applicant be separated because of her refusal to enlist in the Army.    

3.  On 20 September 2001 the applicant was separated from the Army Reserve DEP.

4.  The applicant entered on active duty on 8 November 2001 and was assigned to Fort Jackson, South Carolina.  On 5 December 2001 her first sergeant counseled her for her continued failure to motivate herself to accomplish tasks, disrupting and hindering her drill sergeant from training soldiers who want to be trained.  He stated that her refusal to respond to counseling and corrective training demonstrated that she lacked motivation, and that her performance and behavior had not improved.  The applicant disagreed with the information in the counseling statement, but offered no remarks thereto.  The applicant's commanding officer stated that he was recommending her separation from the Army because of her failure to adapt. 

5.  On 6 December 2001 the applicant was counseled by the TRADOC (Training and Doctrine Command) Reserve/National Guard liaison NCO (Noncommissioned Officer).  

6.  The applicant's commanding officer informed the applicant that he was recommending that she be separated under the provisions of Army Regulation 635-200, chapter 11, entry-level status performance and conduct.

7.  The applicant stated that she had been advised of the basis of the contemplated action to separate her for entry-level status performance and conduct, its effects, the rights available to her, and the effect of any action taken by her in waiving her rights.  She stated that she did not desire to consult with counsel, and declined to submit statements in her own behalf.  She stated that she understood that if the recommendation for separation was approved, she would receive the entry-level separation with an uncharacterized discharge.

8.  The applicant's commanding officer recommended to the separation authority that the applicant be separated under the provisions of Army Regulation         635-200, chapter 11, because of her failure to adapt to the military environment.  The separation authority approved the recommendation.  She was discharged with an Uncharacterized character of service on 17 December 2001.  Her reentry code on her DD Form 214 is "3."

9.  In an undated statement, a fellow Soldier indicated that the applicant made mistakes, but that she was capable of improvement, and had improved greatly.  She deserved to remain [in the Army].  

10.  An undated FAX cover sheet makes reference to a personnel action           (DA Form 4187) promotion on the applicant.

11.  On 29 July 2002 the applicant applied to the Army Discharge Review Board (ADRB) to change her discharge to honorable.  That board notified her on          30 October 2002 that her case had been closed without prejudice because of the lack of military records concerning her separation, and that she could reapply and should submit a copy of her DD Form 214 and separation packet.  There is no evidence that she reapplied to the ADRB. 

12.  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 for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military
environment.  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.

13.  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.  It prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces reentry codes.  A reentry code of "3" is the required entry on the DD Form 214 of an individual separated because of entry-level performance or conduct.  Reentry code 3 applies to persons who are not fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  A separation for entry-level performance or conduct is waivable.  Recruiting personnel have the responsibility for determining if an applicant meets the current enlistment criteria.  They are required to process a request for waiver.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated with an uncharacterized character of service and assigned a reentry code in accordance with appropriate regulations.  The applicant has not provided any evidence to refute the judgment of those officials who determined that she should be discharged.  She has not provided any basis to change her characterization of service or to change her reentry code on her DD Form 214.     

2.  The statement of support and the FAX cover sheet she includes with her request are not sufficient basis to provide the requested relief.    

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   
  
BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__SAC __  __CLG __  __RKS__  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.

		__Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087163	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040203	
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.