IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012861 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012861 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012861 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was issued the reentry (RE) code "1." 2. The applicant states he served honorably and there should not be any reason that would preclude him from reenlisting in the U.S. Army. 3. The applicant provides a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR) on 10 November 2010 for a period of 8 years. He further enlisted in the Regular Army (RA) on 20 June 2011 for a period of 3 years and 25 weeks. 3. A review of the applicant's military personnel records failed to reveal a copy of his separation packet. 4, Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO, Orders 269-1312, dated 26 September 2011, reassigned the applicant to the U.S. Army Transition Center for separation processing and discharge from the RA effective 27 September 2011 under the provisions of (UP) Army Regulation (AR) 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations). 5. The applicant's DD Form 214 shows he entered active duty this period on 20 June 2011 and he was discharged on 27 September 2011. He completed 3 months and 8 days of net active service this period. It also shows in – * item 11 (Primary Specialty): None * item 14 (Military Education): None * item 24 (Character of Service): Uncharacterized * item 25 (Separation Authority): AR 635-200, Chapter 11 * item 26 (Separation Code): "JGA" * item 27 (Reentry Code): "3" * item 28 (Narrative Reason for Separation): Entry Level Performance and Conduct * item 21a (Member Signature): the applicant digitally signed the document REFERENCES: 1. AR 635-5-1 (Separation Program Designator (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. It identifies the SPD code of "JGA" as the appropriate code to assign Soldiers discharged UP AR 635-200, chapter 11, based on entry level performance and conduct. 2. The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated with an SPD code of "JGA." 3. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Chapter 3 (Basic Qualifications for Enlistment in the RA and USAR, Prior Service Applicants) shows: * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; eligibility: qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; eligibility: ineligible unless a waiver is granted 4. AR 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 5 (Preparing Separation Documents), paragraph 5-6 (Rules for completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214. It shows for – * item 26, obtain the correct entry from AR 635-5-1, which provides the corresponding SPD code for the regulatory authority and reason for separation * item 27, AR 601-210 determines reentry eligibility and provides regulatory guidance on reentry codes 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends the RE code on his DD Form 214 should be corrected because there is no reason to preclude him from reenlisting in the U.S. Army. 2. The regulations governing the Board's operation require that the discharge process be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption. In the absence of evidence to the contrary, the applicant's administrative separation UP AR 635-200, chapter 11, based on entry level performance and conduct is presumed to have been, and still is, appropriate and correct. This includes the SPD and RE codes that are shown on the applicant's DD Form 214. 3. The applicant is advised that an RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it allows for a waiver of the disqualification. Therefore, if he desires to reenter military service, he should contact a local recruiter who can advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012861 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012861 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2