IN THE CASE OF: BOARD DATE: 31 March 2011 DOCKET NUMBER: AR20100021730 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 change of his reentry (RE) code from RE-3 to an RE-1 so he can reenter military service. 2. He states he was told he could reenter the military after 6 months, so he waited 6 months and talked to a recruiter. He was told he had to have his RE-3 code changed to an RE-1 to start a career. 3. He provides no additional documents. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 16 June 2009. 2. In August 2009, the applicant's unit commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for failing the CLS [Combat Life Saver (first aid training)] and Phase I Exams twice after being retrained several times; having several weapons safety violations, one resulting in a negligent discharge; and lacking the motivation required to complete training. He acknowledged notification of the separation action 3. On 17 August 2009, having been afforded the opportunity to consult with counsel, he declined counsel; he elected not to submit statements in his own behalf; he understood that he was not entitled to an administrative separation board; he understood that Department of Veterans Affairs and other benefits normally associated with completion of active service would be affected; he did not request a medical examination before his discharge; and that he understood he would not be permitted to apply for re-enlistment in the U.S. Army for 6 months following his separation. 4. On 17 August 2009, the separation authority, after careful consideration of all matters, directed the applicant be discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct with service uncharacterized. 5. As such, he was discharged accordingly on 1 September 2009. He completed 2 months and 16 days of total active service. 6. His DD Form 214 shows in item 26 (Separation Code) the entry “JGA” with an RE code of 3. 7. References: a. Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status. It states, in pertinent part, that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states the character of service for members separated under the provisions of this chapter will be uncharacterized. b. Army Regulation 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 states, in pertinent part, that the SPD code of JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct. The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JGA. c. Army Regulation 635-200 further states, in pertinent part, 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes: * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army and they are 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 and they are ineligible unless a waiver is granted DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions that he was told he could reenlist after 6 months, but that he had to have his RE-3 code changed to an RE-1 to start a career, is acknowledged. However, his service record does not indicate an error or injustice exists in this case. 2. He was discharged on 1 September 2009 under the provisions of Army Regulation 635-200, chapter 11, based on entry level performance and conduct. 3. His DD Form 214 shows he was separated with an SPD code of JGA and assigned an RE code of 3 in accordance with the governing regulation in effect at the time. 4. His RE code is based on his reason for discharge and it cannot be changed unless his narrative reason for separation is changed. His narrative reason for separation was based on entry level status performance and conduct. There is no basis upon which this reason should be changed. Therefore, there is no basis for granting relief in this case. 5. The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best 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 required to process RE code waivers. 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) AR20100021730 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021730 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1