RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  15 January 2004
	DOCKET NUMBER:  AR2003091181

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Allen L. Raub		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 his Reentry (RE) Code of "3" be changed to        RE "1." 

2.  The applicant states that his RE Code of RE "3" should be changed to RE "1" for re-enlistment purposes.  He was separated on 12 July 2002 and made some bad decisions during basic training that he now regrets.  He was young and in love with a mixed up head.  His dream was to become an Army ranger; however, he was immature and made a big mistake of being separated.  He has learned the hard way about life and would now like to serve his country again; however, his RE Code of RE "3" prevents him from reenlisting.  He regrets his mistakes and now owns up to them.  He also states that he has matured since his separation. Prior to his separation, he asked to be recycled and was informed by his drill sergeant that it was most likely impossible because his separation proceedings were complete.  He was informed that he could reenlist after 6 months with a waiver and discovered that this information was untrue.  He was informed that he had to wait at least 2 years before applying for a change in his RE Code.  He is now asking for another chance to reenter the Army and has been waiting for approximately 8 months. 

3.  The applicant provides a copy of a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 26 March 2003.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show he enlisted on 27 February 2002, as a light weapons infantryman.

2.  The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 14 July 2002, he was discharged under the provisions of Army Regulation     635-200, chapter 11, with an uncharacterized entry-level status discharge.  He had completed 4 months and 13 days of creditable service.  He was issued a separation program designator (SPD) code of "JGA" and an RE Code of "3." 

3.  The applicant applied to the Army Discharge Review Board (ADRB) on 26 March 2003 for a change in his RE Code.  However, this Board accepted his application (DD Form 293), in lieu of a DD Form 149 (Application for Correction of Military Record) since this is not a matter under purview of the ADRB.  

4.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of the regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not 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.  The separation policy also applies to soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.  The soldier’s service is uncharacterized when separated under this chapter

5.  Chapter 5 of that regulation provides the authorization for separation for the convenience of the government.  Except as delegated by this regulation or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the government will be at the Secretary’s discretion.  Soldiers will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 

6.  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.

7.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable for reenlistment after a 2-year period has elapsed since discharge.  

8.  RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.

9.  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 SPD to be used for these stated reasons.  The regulation shows that the SPD of "JGA" as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for separation is "Entry-Level Performance and Conduct."  
DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.

2.  The type of separation directed and the reasons therefore were appropriate considering all of the available facts of the case.

3.  The applicant's RE Code of "3" is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

4.   The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in receiving an RE Code of RE "3" was in error or unjust.  

5.  The Board notes that the applicant is eligible to apply for a waiver after 2 years; however, it has only been approximately 18 months since he was discharged.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mp___  ___wp___  __ar___  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.

		____Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091181	
SUFFIX		
RECON		
DATE BOARDED	20040115	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	20020712	
DISCHARGE AUTHORITY	AR  635-200,.chapter 11	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	4	
2.		
3.		
4.		
5.		
6.