IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010329 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: 5 May 2016 DOCKET NUMBER: AR20150010329 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: 5 May 2016 DOCKET NUMBER: AR20150010329 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 separation program designator (SPD) and reentry (RE) codes. 2. The applicant states he was sick at the time of his discharge. He has a family and would like to reenter the military. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 Regular Army (RA) on 28 February 2012. 3. His record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. The record contains a DD Form 214 showing he was discharged on 28 December 2012 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 13, with an honorable discharge. 4. Item 26 (Separation Code) shows "JHJ" and Item 27 (Reentry Code) shows "3." Item 28 (Narrative Reason for Separation) shows "Unsatisfactory Performance." REFERENCES: 1. Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel. Chapter 13 provided for separation of individuals due to unsatisfactory performance when, in the commander's judgment: * the individual would not become a satisfactory Soldier * retention would have an adverse impact on military discipline, good order, and morale * the service member would be a disruptive influence in the future * the basis for separation would continue or reoccur * the ability of the service member to perform effectively in the future, including potential for advancement or leadership, was unlikely 2. Army Regulation 635-5-1 (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. The SPD code of "JHJ" is the appropriate code to assign Soldiers separated under the provisions of chapter 13 of Army Regulation 635-200 by reason of "Unsatisfactory Performance." 3. The SPD/RE Code Cross Reference Table, dated 31 March 2006, stipulates that RE code "3" will be assigned to members separated with an SPD code of "JHJ." 4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States Army Reserve. Table 3-1 includes a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. DISCUSSION: 1. Although the applicant's separation packet was not available, it is presumed that the Army's administrative processing of the applicant for discharge was correct. 2. The evidence shows he was separated under the provisions of Army Regulation 635-200 due to unsatisfactory performance. An RE code of 3 is the appropriate code to assign individuals who are assigned an SPD code of "JHJ" due to unsatisfactory performance. 3. The applicant is advised that his RE-3 is waivable. If he desires to reenter military service, he should discuss his desire with a military recruiter who can then make the appropriate requests to obtain a waiver. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010329 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010329 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2