AR20140001411

IN THE CASE OF:

BOARD DATE: 17 September 2014

CASE NUMBER: AR20140001411
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief.

Presiding Officer

I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his uncharacterized discharge to honorable and change the reentry eligibility (RE) code changed so that he can serve in any branch of the military after a few years.

2. The applicant states, in effect, he wants to rejoin the military. He tried to reenlist but did not qualify for the different branches of the military he tried to enlist in.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 17 January 2014
b. Discharge received: Uncharacterized
c. Date of Discharge: 9 March 2006
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3
e. Unit of assignment: Co C, 2nd Battalion, 13th Infantry Training, Fort
Jackson, SC
f. Current Enlistment Date/Term: 14 November 2005, IADT/Term-NIF
g. Current Enlistment Service: 3 months, 26 days
h. Total Service: 4 months, 7 days
i. Time Lost: None
j. Previous Discharges: USAR 051103-051113/NA
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: None
m. GT Score: NIF
n. Education: 13 Years
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: NA
s. Performance Ratings: None
t. Counseling Statements: None
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Army Reserve on 3 November 2005, for a period of 8 years and was ordered to IADT. He was 24 years old at the time and had some college education. He was attending basic training at Fort Jackson, SC when his separation proceedings were initiated.

SEPARATION FACTS AND CIRCUMSTANCES

1. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army Reserve. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature.

2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, and the characterization of service described as uncharacterized. The DD Form 214 shows a Separation Program Designator (SPD) code of JGA and a reentry eligibility (RE) code of 3.

3. The applicants available record does not show any record of actions under the UCMJ or unauthorized absences or time lost.

4. On 6 March 2006, Department of the Army, Headquarters, US Army Training Center, Fort Jackson, SC, Orders Number 065-1320, discharged the applicant from the Army Reserve with an effective date of: 9 March 2006.

5. The applicants available record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD

There are no counseling statements or UCMJ actions in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT

A self authored statement, stamped dated 17 January 2014.

POST-SERVICE ACTIVITY:

The applicant did not provide any with the application.

REGULATORY AUTHORITY

1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180days of continuous active duty service.

2. Chapter11, of Army Regulation 635-200, provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter.
3. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. A HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

4. 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 identifies the SPD code of “JGA” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct.

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JGA” will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge and a change to the reentry eligibility (RE) code was carefully considered. However, after examining the applicants available military records and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge or a change to the reentry eligibility (RE) code.

2. The applicants record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.

3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, with a characterization of service described as uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4. The applicant contends that he would like an upgrade of his discharge to honorable and a change to the reentry eligibility (RE) code so that he can join a branch of the military. An honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty. The applicants available service record indicates no such unusual circumstances were present and did not warrant an honorable characterization. There is insufficient evidence available in the official record to make a determination upon the applicant’s quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence to support a change to the characterization of service granted. The applicants statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further corroborating evidence in support of the request for an upgrade of the discharge.

5. The applicant contends his reentry eligibility (RE) code should be changed. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should continue to contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

6. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration because they are not available in the official record.

7. Therefore, based on the available evidence, the reason for discharge and the characterization of service appear to be both proper and equitable, and recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 17 September 2014 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

Board Vote:
Character Change: 0 No Change: 5
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: No
Change Characterization to: No Change
Change Reason to: No Change
Change RE Code to: No Change
Grade Restoration to: NA
Change Authority for Separation: No Change
Other: NA

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
AWOL – Absent Without Leave GD – General Discharge NA – Not applicable SCM- Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
CG – Company Grade Article 15 HD – Honorable Discharge OAD – Ordered to Active Duty UNC – Uncharacterized Discharge
CID – Criminal investigation Department MP Military Police OMPF – Official Military Personnel File UOTH – Under Other Than Honorable
ADRB Case Report and Directive (cont) AR 20140001411

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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