Mr. Carl W. S. Chun | Director | |
Mrs. Carolyn G. Wade | Analyst |
Mr. John N. Slone | Chairperson | |
Mr. Melvin H. Meyer | Member | |
Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That her reentry (RE) code be changed from RE code 3 to RE code 1.
APPLICANT STATES: That she really wants to serve her country. She states that she could not meet minimum standards of the Army Physical Fitness Test (APFT) because she could not run due to breathing problems. She states that she did not discover the reason for her lack of energy until she was being evaluated during her chapter 13 separation physical. She now believes that her being slightly anemic contributed to her lack of energy and her inability to meet APFT standards and would like to be given another chance to serve in the Army.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army on 7 August 2001 for a period of 4 years.
On 7 February 2002, the applicant failed a record AFPT. She was tested again on 7 March 2002 and again failed the AFPT. The unit commander initiated separation proceedings under the provisions of chapter 13, Army Regulation 635-200 for unsatisfactory performance with a general discharge. The appropriate authority approved the discharge with an honorable discharge. Accordingly, on 26 July 2002 the applicant was discharged after completing 11 months and 20 days of creditable military service. Her DD Form 214 (Certificate of Release or Discharge From Active Duty) reflects "unsatisfactory performance" as the narrative reason for discharge, with a separation code of JHJ, and an RE code of RE-3.
On 26 July 2002, the applicant applied to the Army Discharge Review Board (ADRB) for a change in her RE code. The request was not within the purview of the ADRB and it was forwarded to this Board for review.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.
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.
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 unsatisfactory performance are issued an RE code of RE-3.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize her rights.
2. The Board carefully reviewed the applicant's records and determined that her RE code of RE-3 is the appropriate code for her narrative reason for discharge.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jns___ __mhm___ __jtm___ DENY APPLICATION
CASE ID | AR2002080310 |
SUFFIX | |
RECON | |
DATE BOARDED | 20030325 |
TYPE OF DISCHARGE | (GD) |
DATE OF DISCHARGE | 20020726 |
DISCHARGE AUTHORITY | AR 635-200, chapter 13 |
DISCHARGE REASON | A49.00 |
BOARD DECISION | DENY |
REVIEW AUTHORITY | r |
ISSUES 1. | 100.0300 |
2. | |
3. | |
4. | |
5. | |
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