PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 February 2003
         DOCKET NUMBER: AR2002073496


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Carolyn G. Wade		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that his reentry eligibility (RE) code be changed from RE-3 to RE-1.

3. The applicant states, in effect, that he wants his RE code changed in order to enlist in the Air Force. He states that his chain of command made a mistake when he was not allowed to proceed to advance individual training (AIT) after he completed the requirements for basic combat training (BCT). He states it was approximately 6 weeks later when his chain of command realized they had made a mistake; however by that time, he was not mentally or physically able to proceed further with training.

4. The applicant submits a four-page statement in his own behalf detailing the events that took place during his time in the Army and a letter from his former unit commander, dated 15 March 2002, which indicates the Army made an error and recommends that the Air Force give the applicant's request for enlistment full consideration. He also submits a three-page letter that his father wrote on his behalf to a member of Congress.

5. The applicant’s military records show that he enlisted in the Regular Army for 4 years on 6 March 2001. He enlisted for the Training of Choice Enlistment Option - military occupational specialty (MOS) 98C, Signal Analyst, and the Army Incentive Enlistment Program - $16,000 cash bonus and the Army College Fund.

6. The applicant was not able to pass the Army Physical Fitness Test (APFT) during basic combat training (BCT) at Fort Jackson, South Carolina, and was unable to graduate with his class. He was assigned to the Fitness Training Company (FTC), 4th Platoon, 120th Adjutant General (AG) Battalion (Reception), for remedial physical fitness training.

7. On 18 June 2001, after two APFT failures, the applicant passed the APFT on his third attempt, scoring at least 50% in all categories and achieving a total score of 195. His APFT record indicates he was given two subsequent tests and failed both of them.

8. On 3 August 2001, the unit commander initiated separation proceedings under the provisions of Army Regulation (AR) 635-200, chapter 11 for repeated APFT failure. The applicant was advised of his rights.

9. The appropriate authority approved the applicant's discharge under the provisions of chapter 11, Army Regulation 635-200 by reason of entry-level performance and conduct with service uncharacterized. Accordingly, on 15 August 2001, the applicant was discharged from the Army after completing

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5 months and 10 days of active military service. His DD Form 214 (Certificate of Release or Discharge From Active Duty) reflects "entry-level performance and conduct" as the narrative reason for discharge, with a separation code of JGA, and an RE code of RE-3.

10. Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code. Soldiers separated for the purpose of entry-level performance and conduct are issued an RE code of RE-3. Soldiers separated by reason of secretarial authority are provided an RE code by the HQDA directive authorizing the separation program, or specific separation.

11. Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces RE codes. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. RE-1 applies to persons considered qualified to reenter the Army.

12. Army Regulation 350-41, chapter 9, prescribes policies and procedures for the Army Physical Fitness Program. Paragraph 9-8, section 6b, provides, in pertinent part, that soldiers in basic training must attain 50 points on each event and an overall score of 150, or a score as determined by ODCSOPS in coordination with TRADOC. (This exception does not apply to AIT, one station unit training (OSUT), or leader development schools listed in paragraph 9-2f(5).)

13. On 15 March 2002, the unit commander of the FTC, 120th AG Battalion (Reception), Fort Jackson, acknowledged that an error occurred when they held the applicant back after he successfully passed his APFT on 18 June 2001. It was also noted that, on 18 June 2001, the applicant met all requirements to successfully graduate from BCT.

CONCLUSIONS:

1. The Board carefully reviewed the applicant's records and documents submitted with his application. The Board determined that the applicant was improperly discharged due to a misinterpretation of Army Regulations governing the Army Physical Fitness Program.

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2. The evidence of record indicates that the applicant completed all requirements of BCT, except passing the APFT. Having failed the APFT, the applicant was assigned to the FTC and was to remain there until he passed a record APFT or was processed for separation. On 18 June 2001, the applicant passed a record APFT; however, due to a misinterpretation of an Army regulation, the FTC did not send him to AIT. The FTC believed the applicant had to score at least 60% in each category in order to pass the APFT, but the regulation states that a soldier in BCT only has to score 50% in each category of the APFT.

3. The Board determined that the applicant scored 50% in all categories on 18 June 2001 and should have been sent to AIT on that date. The Board concluded that the FTC's failure to send the applicant to AIT created a material error and an injustice for the applicant. Therefore, the applicant's narrative reason for discharge should be changed to secretarial authority with the appropriate separation program designator code of JFF and RE code of RE-1.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing the narrative reason for discharge of the individual concerned to secretarial authority, SPD code to JFF, and his RE code to RE-1.

BOARD VOTE:

__mhm___ __clg___ __rjw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Melvin H. Meyer
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073496
SUFFIX
RECON
DATE BOARDED	20030204
TYPE OF DISCHARGE	UNCHAR
DATE OF DISCHARGE	20010815
DISCHARGE AUTHORITY	AR 635-200, chapter 11
DISCHARGE REASON	A29.00
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0300
2.
3.
4.
5.
6.