IN THE CASE OF:
BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100024103
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) listing his primary military occupational specialty (PMOS) and by changing the following:
* Reentry eligibility (RE) code
* Separation program designator (SPD) code
* Narrative reason for separation
2. He states that he was not separated for physical standards; he was separated because he could not pass the Army physical fitness test (APFT). As a result his SPD code is in error due to the fact that he hurt his knee and it was not considered. He also states he served 9 months and his PMOS should be listed as 94F (Computer Detection System Repairer).
3. He provides numerous medical documents.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows he enlisted in the Regular Army (RA) on
26 August 2009.
2. There are no documents in his official military personnel file that show when he successfully completed MOS training and was awarded MOS 94F.
3. On 11 May 2010, his unit commander notified him of the intent to recommend him for separation under the provisions of chapter 13, Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), due to unsatisfactory performance, inability to pass the APFT.
4. On 13 May 2010, he consulted with military counsel. After being advised of the basis for the contemplated separation action, its effects and the rights available to him, he elected not to submit a statement in his behalf. He acknowledged he understood he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued. He further acknowledged he understood if he received a less than honorable discharge he may make an application to the Army Discharge Review Board (ADRB) or to the Army Board for Correction of Military Records (ABCMR) for an upgrade of his discharge. He also acknowledged he understood an act of consideration by either board did not imply his discharge would be upgraded.
5. On 17 May 2010, the separation authority approved his recommendation for discharge under the provisions of chapter 13, Army Regulation 635-200, and directed the issuance of an Honorable Discharge Certificate.
6. On 26 May 2010, he was discharged accordingly. His DD Form 214 shows the following:
* Item 11 (Primary Specialty) None
* Item 12c (Net Active Service This Period) 9 months and 1 day
* Item 14 (Military Education) (Course title, number of weeks, and month and year completed) Computer Detection Systems Repairer Course, 2010
* Item 25 (Separation Authority), Army Regulation 635-200, paragraph 13-2E
* Item 26 (SPD) JFT
* Item 27 (RE Code) 3
* Item 28 (Narrative Reason for Separation) Physical Standards
7. The applicant provided medical documents that show he was seen at the Dwight D. Eisenhower Army Medical Center, Fort Gordon, GA on numerous occasions for left knee pain due to an injury sustained during a road march.
8. Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter the MOS codes, titles, years, and months served in item 11. Additionally, item 14 should show the course title, number of weeks, and month and year completed.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 states in pertinent part that initiation of separation proceedings is required for Soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test, unless the responsible commander chooses to impose a bar to reenlistment per Army Regulation 601-280 (Total Army Retention Program). The regulation requires that separation action be taken when in the commanders judgment the individual will not develop sufficiently to participate satisfactorily in further military training and/or become a satisfactory Soldier. Service of Soldiers separated because of unsatisfactory performance under this regulation is characterized as honorable or under honorable conditions.
10. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the RA and the U.S. 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 RA RE codes. RE-1 permits immediate reenlistment if all other criteria are met. RE-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.
11. Army Regulation 635-5-1 prescribes the specific authorities, reasons for separating Soldiers from active duty and the SPD codes to be entered on the
DD Form 214. This regulation provides, in pertinent part, that the SPD code of "JFT" applies to persons discharged for physical standards.
12. The SPD Code/RE Code Cross Reference Table states that when the SPD code of "JFT" is assigned an RE code of 3 will be assigned.
DISCUSSION AND CONCLUSIONS:
1. There is no documentation and the applicant has not provided any to show when he successfully completed training and was awarded PMOS 94F. In the absence of a certificate or orders showing the date he was awarded MOS 94F the evidence is insufficient to correct his DD Form 214.
2. The available evidence shows he was discharged due to his inability to pass the APFT; therefore, he did not meet physical standards. Therefore, his narrative reason for separation is shown on his DD Form 214 as "Physical Standards." He was appropriately assigned an SPD code of JFT and an RE code of 3 based on the narrative reason for separation. His DD Form 214 is correct.
3. In view of the foregoing, there is no basis for granting his request.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __X_____ ___
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20100024103
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ABCMR Record of Proceedings (cont) AR20100024103
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