IN THE CASE OF:	  

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130022312 


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 the reentry eligibility (RE)RE) code of "3" that was entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states that the record is in error due to clerical error.  He also states, in effect, he was both told and saw on other forms that he would be receiving an 
RE code of "1" in recognition of his excellent record and behavior.

3.  He provides his DD Form 214 and Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 10 May 2011.

2.  The complete facts and circumstances leading to the applicant's discharge are not available for review with this case.  However, his record contains a DD Form 214 which shows he was discharged from the Army on 5 July 2012 after completing 1 year, 1 month, and 26 days of active service.  His DD Form 214 also shows:

* he was not awarded a military occupational specialty
* his service was characterized as honorable
* the separation authority was Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 13-2e
* his separation program designator (SPD) code was JFT
* his RE code was 3
* his narrative reason for separation was "Physical Standards"

3.  A review of the Soldier Management System database maintained by the Department of the U.S. Army Human Resources Command revealed that the applicant's physical profile was 111111 at the time of his separation, which indicates that he had no medical limitations annotated in the Military Physical Profile Serial System.

4.  The applicant's record is void of any evidence and he has not provided any evidence showing he was informed that he would be assigned an RE code of "1" in conjunction with his separation.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13, paragraph 13-2e states 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 commander’s 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.

6.  Army Regulation 635-200 further states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of RE codes.

	a.  RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

8.  Army Regulation 635-5-1 (SPD 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.  It states that SPD code JFT is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 13-2e, by reason of Physical Standards.  The SPD/RE Code Cross Reference Table stipulates that an RE code 3 will be assigned to members separated under these provisions with an SPD code of JFT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be changed was carefully considered.

2.  The available evidence indicates the applicant was separated for being unqualified for active duty due to failing to achieve and maintain physical standards by failing two consecutive record APFTs.  Accordingly, he was assigned an RE code of 3 that is consistent with the reason for separation.  He failed to show his assigned RE code is in error or unjust.

3.  The applicant's record is void of any evidence and he has not provided any evidence showing he was informed that he would be assigned an RE code of "1" in conjunction with his separation.  Therefore, there is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the assigned RE code of 3.

4.  In the absence of any evidence to the contrary, administrative regularity is presumed in the applicant's separation process.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

6.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however it does allow for a waiver of disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process RE code waivers.

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)                                         AR20130022312





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ABCMR Record of Proceedings (cont)                                         AR20130022312



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