ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20170012276


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to upgrade his reentry (RE) code from 3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 Part III (Summary of Counseling) of his DA Form 4856 (Development Counseling Form) reported he suffered from depression.  He believe this to be an error due to the fact he does not suffer from depression.  He is trying to enlist into the Navy but when he talked to the recruiter, he showed him the error with his
RE code.  He sent him to the Veteran Administration (VA) to correct.

3.  A review of the applicant’s service records shows:

	a.  He enlisted in the Regular Army on 7 January 2013 and was assigned to Fort Benning, GA.. 

	b.  On 20 February 2013, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with chapter 11 (entry level status performance and conduct) of Army Regulation 
(AR) 635-200 (Personnel Separation), entry level separation for failure to adapt to military life.

	c.  On 20 February 2013, the applicant acknowledged the separation action from the commander.  He acknowledged his understanding that if the discharge action were approved, he would receive an entry level separation with uncharacterized service.  He further made the following elections:

* he waive to consult with counsel
* he decline to make statements on her own behalf
* he did not desire to obtain copies of documents that will be sent to the separation authority supporting the proposed separation
* he understand that Veteran Administration and other benefits normally associated with completion of active service will be affected
* he understand that he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions is issued to me

	d.  On 20 February 2013, the applicant's immediate commander recommended the applicant for separation action against him in accordance with chapter 11.

	e.  On 21 February 2013, he was counseled on the DA FM 4856 regarding an event oriented-summary of events leading up to his ELS.  During this counseling session with the first sergeant, he referred the applicant to the Community Mental Health Services (CMHS) for a consultation for depression due to a statement made regarding suffering from depression prior to his enlistment in the Army.  On 28 January 2013, he was interviewed by a Licensed Clinical Social Worker who recommended separation under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 11.  It was further recommended that the applicant be removed from all training and have no access to weapons while awaiting discharge.

	g.  On 25 February 2013, the separation authority stated he had reviewed the applicant's performance records.  The applicant had not demonstrated the ability to be a productive Soldier and could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation and self-discipline. Therefore, the separation authority ordered his discharge from the Army under the provisions of chapter 11, AR 635-200 with an entry level separation and conduct.

	h.  On 5 March 2013, the applicant was discharged from active duty.  His 
DD Form 214 shows he was discharged under the provisions of chapter 11, 
AR 635-200.  He received an uncharacterized character of service due to entry level status performance and conduct.  He has 1 month and 29 days of active service.  It also shows in:  

* item 26 (Separation Code), JGA 
* item 27 (Reentry Code), RE-3

4.  There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations.

5.  By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status.  During the first 180 days of continuous active military service, a member's service is under review. 

	a.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

6.  By regulation, RE-3 applies to persons who are not considered fully qualified for RE or continuous service at the time of separation, but disqualification is waivable.  A member who desires to reenter military service should contact a local recruiter who can best advise her/him on her/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 may process enlistment waivers for the applicant's RE code.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity; the reentry code was correctly provided at his time of separation.  Based upon his reason for separation, the Board agreed that the applicant's reentry code is warranted as there was a certainty he did not possess potential for continued military service.

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.  By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status.  During the first 180 days of continuous active military service, a member's service is under review. 

	a.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

3.  AR 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, covers eligibility criteria, policies, and procedures for enlistment and processing.  Table 3-1 lists the reentry (RE) eligibility codes.

	a.  RE-1 applies to persons completing their term of active service who is considered qualified to reenter the Army; qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to persons who are not considered fully qualified for RE or continuous service at the time of separation, but disqualification is waivable; ineligible unless a waiver is granted.

4.  AR 635-5-1 (Personnel Separations – Separation Program Designator (SPD), shows that the separation program designator “JGA” specifies the narrative reason for discharge as “Entry Level Performance and Conduct”.  The authority for discharge under this separation program designator is AR 635-200, Chapter 11.

5.  The Separation Program Designator (SPD)/RE Code Cross Reference Table, dated 15 June 2006, shows Soldiers assigned an SPD code of JGA will be assigned an RE code of 1 or 3.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170012276


4


1