MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           07 FEBRUARY 2002
	DOCKET NUMBER:   AR2001065450

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 Reenlistment Eligibility (RE) Code be corrected to permit him to reenlist.

APPLICANT STATES:  In effect, that his girlfriend was pregnant and did not have a place to live so he “had to leave basic.”  He submits no evidence in support of his request.

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

He enlisted in the Indiana Army National Guard on 17 June 1999 and on 13 June 2000 was ordered to active duty for the purpose of training.

On 28 June 2000 he was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for disobeying an order.  He was punished again on 17 July 2000 for the same offense.  On 14 July 2000 he was involved in an altercation with another soldier, but there is no indication that any disciplinary action resulted.

On 8 August 2000 the applicant’s commander initiated action to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, Chapter 11 (entry level performance and conduct).  The commander cited the applicant’s lack of motivation as the basis for his recommendation.  He noted that the applicant had been “counseled numerous times in an effort to improve his substandard performance and bad attitude, but has made no effort to respond.”

The applicant acknowledged receipt of the proposed separation and waived his attendant rights.

A mental status evaluation found the applicant mentally cleared for separation and he elected not to undergo a medical examination.

The recommendation was approved, and on 18 August 2000 the applicant was discharged and his service was “uncharacterized.”  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he was issued an SPD (separation program designator) Code of “JGA” and an RE Code of “3.”

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 prescribed 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 who were not considered fully qualified for reentry or continuous service at the time of separation, including those discharged for entry level performance and conduct.  

Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that “JGA” is the appropriate SPD code for individuals separated under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct.

A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that “RE-3” is the appropriate RE code for individuals who receive an SPD code of JGA.

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 that would satisfy that requirement.

2.  The applicant’s contention that he “had to leave basic” because of his girlfriend’s situation is not supported by any evidence in available records, or provided by the applicant.  Notwithstanding that fact, the Board concludes that the applicant’s behavior, which resulted in his separation, does not appear to have been related to any family situation and in any event would not serve as a basis to justify a correction to his record.

3.  The Board notes that the RE code is consistent with his SPD code and in this case finds no basis to correct the existing code.  The Board does note, however, 

that an RE code of “3” is waivable and recommends the applicant contact his local recruiter to pursue such a waiver.

4.  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

__FNE __  ___MKP_  __LE ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065450	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020207	
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.	100.03	
2.		
3.		
4.		
5.		
6.