IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130001608
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 change of his separation code and reentry code.
2. The applicant states he has been told the separation program designation (SPD) and reentry eligibility (RE) codes are disqualifying for the Active Guard Reserve (AGR) program. He is in the Army National Guard (ARNG) now and thinks he is a much better Soldier now than when he was discharged in January 2000. Then, he decided to not give the Army his best physical effort. In September 2001, he received a waiver to join the ARNG. He has failed only one Army Physical Fitness Test (APFT) in 12 years. He doesn't believe the irresponsibility of youth should ruin a chance to improve his career.
3. The applicant provides his January 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty), a résumé entitled "Biographical Sketch," and two Noncommissioned Officer Evaluation Reports (NCOER's) as a sergeant.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 15 July 1998 and completed training.
3. In August 1999, he was counseled about unsatisfactory performance by not meeting standards on the APFT. Otherwise, his performance was praised as fully successful. He was assigned to additional physical training. He was counseled about APFT failure again in November 1999. The fact that his run score had actually gone down despite the extra training was specifically mentioned.
4. On 6 January 2000, the company notified the applicant of initiated separation action for unsatisfactory performance and advised him of his rights. The applicant consulted with counsel and acknowledged that he understood his rights and the consequences of the discharge action, including that he might be ineligible to enlist in the Army after the discharge. He declined to submit statements in his own behalf.
5. The company commander recommended an honorable discharge. The separation authority approved that recommendation and directed that the applicant not be transferred to the U.S. Army Reserve (USAR).
6. On 27 January 2000, the applicant received an honorable discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 13. He was assigned separation code JFT and RE code 3.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) lists the specific authorities and reasons for separating Soldiers from active duty and the corresponding SPD codes to be entered on the DD Form 214. It identifies SPD code JFT as the appropriate code to assign to enlisted Soldiers involuntarily released under the provisions of Army Regulation 635-200, chapter 13, for failure to meet physical standards.
8. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time shows RE-3 as the proper code to assign to Soldiers separated with an SPD of JFT.
9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment, reenlistment, and processing into the Regular Army, USAR, and ARNG. Table 3-1 provides a list of RE codes and shows RE code 3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation. They are ineligible for reenlistment unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he was separated for unsatisfactory performance by failing to meet physical standards under the provisions of Army Regulation 635-200, chapter 13.
2. Based on the reason and authority for the applicant's separation, he was assigned the appropriate SPD and RE codes. He provided no evidence or convincing argument to show they are inequitable.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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.
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