RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060012482 


	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.




	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, who was discharged under the provisions of Army Regulation 
635-200 (Enlisted Personnel), Chapter 11 (Entry Level Performance and Conduct), requests that his reentry (RE) code of “3” shown in Item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be dropped or eliminated from his military records. 

2.  The applicant essentially states that when he signed up for the Delayed Entry Program, he weighed about 300 pounds, but by the time he left for basic training he had gotten down to about 180 pounds.  He also states that he lost so much muscle tissue along with fat, that he was too weak.  He further states that he passed everything in basic training, even the road march, but that he failed the pushup event by one pushup.

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 3 March 1989, the date of his relief from active duty.  The application submitted in this case is dated 24 August 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he enlisted in the Regular Army on 1 November 1988.  

4.  On 3 March 1989, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 11, for failing to meet the physical fitness standards to graduate from basic training.  Evidence of record shows that he was provided five opportunities to pass the Army Physical Fitness Test, and failed all five times, even after being transferred to the Fitness Training Unit.  Although the applicant stated that he was discharged honorably, his characterization of service was “Uncharacterized.”  Item 28 (Narrative Reason for Separation) of his DD Form 214 has an entry of “Entry Level Status.”  His DD Form 214 also shows that he was assigned a Separation Program Designator (SPD) code of “LGA,” and an RE code of “3.”

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that 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 that they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  The regulation requires uncharacterized service for separation under this chapter.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army and the United States 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, including Regular Army RE codes.  RE codes 1 and 2 permit immediate reenlistment if all other criteria are met.  An RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.

7.  Army Regulation 635-5-1 (Separation Program Designator 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. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD code.  

8.  An SPD code of "LGA" applies to persons who are relieved from active duty for entry level performance and conduct.  The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals separated for entry level performance and conduct.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code of “3” shown in Item 27 of his 
DD Form 214 should be dropped or eliminated from his military records. 

2.  While the Board understands why the applicant would want to have an 
RE code of “3” removed from his DD Form 214, his RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  His narrative reason for discharge was based on his failure to meet fitness standards to graduate from basic training, and the Board could find no basis upon which to change this reason.  

3.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 March 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
2 March 1992.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LE  ___  __LB  ___  ___MF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




______ Lester Echols_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012482
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
100.0300.0000
2.

3.

4.

5.

6.