ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  8 July 2019

	DOCKET NUMBER:  AR20170006679


APPLICANT REQUESTS:  

* correction of his uncharacterized discharge to an honorable discharge
* reentry (RE) code changed to pursue his military career

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Employment Certification Letter
* Reference Letters (4)
* Criminal Record Background Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he believes the reasons for his discharge were unjust when he was a Soldier.  Although, his native language was Spanish he was able to accomplish his duties in a military manner.  He has been an outstanding citizen and a well-behaved person with his family, in his community, and at his workplace an outstanding health officer in the correctional facility for 23 years, with no problems at all.  He always completed his tasks without any problems.  He deserves the opportunity to pursue a military career and an honorable discharge.  He was removed from basic training due to his language.

3.  The applicant provides:

	a.  An employment certification letter; dated 27 January 2017, from an employer who verifies he has been employed from 8 September 1993, as an Epidemiology Technician I with the services program for a correctional health complex.
	b.  Letter of recommendation, dated 30 January 2017, from the director of clinical services who recommends the applicant without restrictions for any position.  He knows the applicant for 20 years and describes him as a hard-working, responsible person, committed, and a great fellow.  He has performed all tasks with success, diligence and confidence.  He has great social skills, maintains a good relationship with clients, colleagues, and supervisors.  He is very enthusiastic and fulfills the professional objective he has been assigned to.

	c.  Letters of recommendation, dated 30 January 2017, from 3 neighbors that have known him for 10 years and state the applicant is a respectable person courteous, and a good neighbor who likes helping others.  He follows the rules, is ambitious, dedicated and a "go getter."  He participated in neighborhood community activities.  They believe the applicant is a great person with professional qualities.  They recommend the Board to review the applicant’s military record.

	d.  A state police background certificate, issued on 30 January 2017, which shows at the time of the search there was no criminal record in the applicant’s name.

4.  Review of the applicant’s service records shows:

a. He enlisted in the U.S. Army Reserve (USAR) on 2 August 1989. 

	b.  He entered active duty for remedial training for English on 2 January 1990, at the Defense Language Institute.  However, he did not complete basic training.

	c.  On 2 June 1990, he was counseled by his supervisor on 2 June 1990.  His DA Form 4856 (General Counseling Form) shows he failed to follow instructions from the range tower on several occasions creating a safety hazard on a live fire range.

	d.  On 4 June 1990, he was counseled by his first sergeant.  The applicant non-concurred with part of the counseling and stated he had problems with his eyes that did not permit him to see the target perfect and clear.  He did concur to the education center evaluation.  He was referred for an entry level separation counseling due to:

* training scores being below average 
* not able to zero his weapon
* needing an interpreter to understand simple instructions
* referred to the education center for evaluation if he could be placed in a program to improve

	e.  On 11 June 1990, the applicant was notified by his commander that he was initiating action to separate him from the U.S. Army under the provisions of chapter 11, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) for failure to adapt socially or emotionally to military life.

	f.  On the same date, he acknowledged notification of proposed separation and was advised of his rights:

* he understood he would receive an entry level separation
* he understood he was not permitted to apply for reenlistment in the U.S. Army within 2 years of his separation
* he did not waive his rights in writing
* he waived his right to counsel
* he did not submit statements on his behalf

	g.  On 11 June 1990, his immediate commander initiated separation against the applicant under the provisions of AR 635-200, chapter 11 (Entry Level Separation).

	h.  On 13 June 1990, the separation authority approved the recommendation for separation under the provisions of chapter 11, AR 635-200 and the applicant would be issued an entry level separation (uncharacterized).  

  i.  On 19 June 1990, he was discharged from active duty under the provisions of chapter 11, AR 635-200 (Personnel Separations – Enlisted Personnel) with an entry level separation (Uncharacterized) Discharge Certificate..  His DD Form 214 shows that he completed 5 months, 18 days of active service.  It also shows in:

* item 24 (Character of Service), Uncharacterized
* item 25 (Separation Authority), AR 635-200, paragraph 11-3a
* item 26 (Separation Code), JGA
* item 27 (Reentry Code), 3
* item 28 (Narrative Reason for Separation), Entry Level Status

5.  By regulation (AR 635-200), separation of a Soldier in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment.  However, nothing in this chapter prevents separation under another provision of this regulation when such separation is warranted.  The Army considers entry level status as the first 180 days of continuous active military service.

6.  By regulation (AR 635-5-1), the separation Code for Soldiers separating under chapter 11 of AR 635-200 due to failure to adapt socially or emotionally to military life is JGA.  The RE Code associated with this Separation Code is RE-3.  

7.  An RE-3 code applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise his 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 requests for enlistment waivers.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted.  Based upon the applicant being separated from the service while remaining in a trainee status, the Board found insufficient evidence of an error or injustice which would warrant making a change to the characterization of service.

The applicant should know that an uncharacterized discharge is not a negative separation.  The characterization of service is meant to signify that the military service completed did not account for enough time to provide a characterization of service.

Additionally, the Board also determined that based upon the narrative reason for separation, the RE code currently reflected on the applicant’s DD Form 214 is appropriate.  Therefore, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3
:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.


REFERENCES:

1. Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons.

  a. Paragraph 3-7a (Honorable Discharge) is a separation with honor. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

  b. Paragraph 3-7b (General Discharge) states a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

  c. Paragraph 11-3 establishes policy for entry level status and states it applies to Soldiers who have completed no more than 180 days of creditable continuous active service.  Entry level separation-uncharacterized is used for separation under the provisions of this chapter.

3.  AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 included a list of the Regular Army RE codes:

	a.  An 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.  An 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 for enlistment unless a waiver is granted

4.  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 states that the SPD code 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.

ABCMR Record of Proceedings (cont)	 AR20170006679


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