ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 June 2019 DOCKET NUMBER: AR20180000636 APPLICANT REQUESTS: * reconsideration of his earlier request to remove absent without leave (AWOL) from his DD Form 214 (Certificate of Release or Discharge from Active Duty) * in effect, a change to item 27 (Reentry (RE) Code) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Two Character Letters * Grandfather’s Medical Record * Orders 274-0151 * DD Form 214 * DD Form 215 (Correction to DD Form 214) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20160001415 on 27 June 2017. 2. The applicant states he is sending a packet of character letters for further review of his case so that he is eligible to re-enlist in the Army. He realizes his case was overturned back in August but he was hoping that there could be a reconsideration with this new evidence. He went home after airborne school in July 2013, without permission. He realizes the choice he made was unprofessional and looked down upon by his superiors. He is not trying to justify why he came home, but to explain that his grandfather was about to undergo a major surgery. His grandfather raised him his whole life in the absence of his father. He felt it was his duty to be there for him and his grandmother during his recovery. He knows there were proper procedures for going home for a family situation but at that moment all he could think about was his family. He knew what the consequences would be but he has felt guilt and regret for what he did because all he wants to do in this life is serve in the ranks of the Army. He has stayed motivated and persistent about reenlisting since the day he was discharged. He is not asking for forgiveness but just understanding. On 15 December 2016 his grandfather was struck and killed while helping him move some furniture. This incident just makes this even more important to him because in his mind he still wants to reenlist to make his grandfather proud, to set out and finish what he began in his military career. He hopes the Board can find something else that would make him eligible for reenlistment in the near future. 3. The applicant provides: a. Character letter from his mother. She states her son has always wished to be a Soldier in the Army since he was a young boy. He was concerned about his grandfather’s health after a total knee replacement and made an ill-advised decision to stay at home with his grandparents. She believes he regretted this decision very soon after making it. Since that time he has grown up and realized his decision was the wrong one and wishes very much to be given the opportunity to make up for his mistake and once again become an active duty member in the military. She believes if given the opportunity he will put his effort to be the best Soldier he can be 100% committed to serving this great nation. b. Character letter from his grandmother. She states they were so proud of his decision to serve our nation and begin his life as a Soldier. But her grandson was concerned and worried about his grandfather’s surgery. Stress can cause him to make choices that he would normally not make. He was so depressed after he was discharged from the military. He felt as he had let down his family. He compromised the life he had planned for a long time. Her grandson was witness to his grandfather’s death and dismantled body after being struck by a trash truck that went off the highway. Her grandson messed up in 2013; however, she believes in second chances and her grandson still has the desire to make things right. c. Orders number 2745-0151, which show he was discharged effective 1 October 2013. d. Medical record for the applicant’s grandfather which shows his knee replacement surgery performed on 29 October 2013 at the age of 78 years old. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 25 February 2013. b. On 15 June 2013, he was reported absent without leave (AWOL). On 15 August 2013, he was apprehended by civilian authorities and returned to military control. c. On 22 August 2013, the applicant’s immediate commander notified the applicant of her intent to initiate separation action against him under the provisions of chapter 11 of Army Regulation (AR) 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) by reason of entry level performance and conduct. d. The applicant acknowledged that he understood if the recommendation for discharge was approved, he would receive an entry level separation with uncharacterized service. He further acknowledged that he had received adequate counseling and rehabilitative measures concerning his inability to become a productive member of the armed forces. He submitted a statement in his behalf. e. In his statement he stated he would like the possibility to either stay in the Army or be able to reenlist at a later date. It was wrong and unprofessional of him to go AWOL. It was a weak point in his Army career and he formally apologized. If there is any way that he could either stay in the Army as a reservist or National Guard he would take it as well. Anything he could do to make up for this as long as it does not keep him from ever being able to serve again. f. The immediate commander wrote a memorandum for record to state she believed the applicant had rehabilitative potential and that he should have the opportunity to apply for reenlistment at a later date even though separation was warranted at that time due to his entry level status. g. The separation authority approved the applicant’s discharge directed that he be discharged with an entry level separation. h. He was discharged from active duty on 1 October 2013. His DD Form 214 shows he completed 5 months and 7 days of active service with lost time from 15 June 2013 to 14 August 2013. It also shows in: * item 26 (Separation Code), JGA * item 27 (Reentry Code), 3 * item 28 (Narrative Reason for Separation), Entry Level Performance and Conduct * item 29 (Dates of Time Lost During This Period), 15 June 2013 to 14 August 2013 5. By regulation: a. Separation of a Soldier in entry level status may be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, and minor disciplinary infractions. b. For item 27, Army Regulation 601-210 determines reentry eligibility and provides regulatory guidance on the RE codes. The separation code “JGA” is associated with the narrative reason for separation of entry level performance and conduct and is issued a RE code of 3. c. For item 29, for enlisted Soldiers, show inclusive periods of time lost to be made good under 10 U.S. Code 972. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Although the applicant provided a mitigating reason for the AWOL offense, the Board found that information on the applicant’s DD Form 214 accurately depicted the events and circumstances need to his separation and that there was no error or injustice present which would warrant making a change to the RE Code or removing the AWOL information. 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. Army Regulation (AR) 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct, while in an entry level status. This provision of regulation applied to individuals who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty. It further applied to individuals who had demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service. The regulation required an uncharacterized description of service for separation under this chapter. 2. AR 635-5 (Separation Program Designator (SPD) Codes), in effect at the time, provides policy for standardization of certain entries on DD Form 214 (Certificate of Release or Discharge from Active Duty). Table 2-3 (SPD Codes Applicable to Enlisted Personnel) shows that SPD code “JGA” is associated with the narrative reason “Entry Level Performance and Conduct” and the regulatory authority as “AR 635-200, chapter 11.” 3. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. This cross reference table shows SPD code “JGA” corresponds to RE code “3.” 4. Army Regulation 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 ABCMR Record of Proceedings (cont) AR20180000636 5 1