IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090020820 


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 his reentry eligibility (RE) code be changed to "1."

2.  The applicant states the following:

	a.  Changing his RE code to "1" will allow him to enlist and complete his term in the Army on active duty.

	b.  He was not able to deal with the mistake of a doctor pulling him from training and did not maintain a professional attitude.

	c.  He has grown and is ready.

	d.  He wants the chance to render honorable and complete service to his country through service in the Army.

	e.  He has worked hard, changed his attitude, and is willing to do whatever is required of him.

3.  The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) on 21 November 2008 and entered active duty for training (ADT) on 14 January 2009.  He was discharged and returned to the ARNG on 14 April 2009.  He was also discharged from the ARNG on 14 April 2009.

2.  The specific facts and circumstances surrounding the applicant's active duty and ARNG discharge processing are not available for review.  The evidence does include a properly-constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) and a properly-constituted National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that contain the authority and reason for the applicant's active duty and ARNG discharges.  The DD Form 214 was authenticated by the applicant with his digital signature in iItem 21 (Signature of Member Being Separated).  The NGB Form 22 shows the applicant was not available to sign.

3.  The applicant's DD Form 214 shows the following:

* in item 18 (Remarks), release from ADT and discharge from the Reserve of the Army and return to ARNG
* in item 25 (Separation Authority), Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11
* in item 26 (Separation Code), the code "JGA"
* in item 27 (Reentry Code), RE code "3"
* in item 28 (Narrative Reason for Separation), entry-level performance and conduct

4.  The applicant's NGB Form 22 shows the following:

* in item 23 (Authority and Reason), National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-36y
* in item 26 (Reenlistment Eligibility), RE-3

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or reason for discharge.  These codes are not to be considered derogatory in nature; they are simply codes used for identification of an enlistment processing procedure.  RE code 3 applies to individuals who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

6.  The Separation Program Designator (SPD)/RE Code Cross-Reference Table indicates an RE code of "3" will be applied when the separation code is "JGA."

7.  National Guard Regulation 600-200 states in paragraph 8-36y that reenlistment eligibility for Soldiers who were previously discharged from the Reserve of the Army by the Active Component of the U.S. Army will be coded RE-3 or RE-4 as appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his RE code to "1" was carefully considered and is not supported by the evidence.

2.  The RE code on the applicant's DD Form 214 was assigned based on the fact that he was discharged for entry-level performance and conduct.  The RE code associated with this type of discharge is RE-3.  The RE code on the applicant's DD Form 214 is correct.  Therefore, he is not entitled to correction of the RE code on his DD Form 214.

3.  The RE code on the applicant's NGB Form 22 was assigned based on the fact that he was discharged from the Reserve of the Army by the Active Component of the U.S. Army.  The RE code on the applicant's NGB Form 22 is correct.  Therefore, he is not entitled to correction of the RE code on his NGB Form 22.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ___x_____  ___x_____  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.



      _____________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.
ABCMR Record of Proceedings (cont)                                         AR20090020820



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ABCMR Record of Proceedings (cont)                                         AR20090020820



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