IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140008315 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing his reentry code 3 (RE-3) to RE-1 for reenlistment purposes.

2.  The applicant states that during his service at Ft Hood, TX, he was not given two Army physical fitness tests (APFT) for record.  He took a mock physical training (PT) test with his personnel section.  There were no official graders.  There was just one Soldier holding his feet and counting his repetitions.  The sergeant first class (SFC) failed him on his first PT test without giving him an official, for record, PT test.  He contends that during basic training and advanced individual training he had no problem completing the PT test.  The second test was an official for record test graded by the same SFC.  He had to start over on his push-ups four times in a 2-minute period which caused him to fail the event.  He does not want to think it is a personal matter, but also during this time his Chaplain was training someone else to be his new chaplain assistant.  He wants to serve his country and thinks it is unfair that he cannot reenlist because of improper testing.  He joined the Army at 18 years of age and only got a year of experience.  Please consider his request to change his RE code.  What if he was your son?  This is his future and his country.   He deserves a second chance to serve.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 5500 (Body Fat Content Worksheet) dated 23 March 2010
* DA Form 705 (Army Physical Fitness Test Scorecard) dated 7 September 2010
* DA Form 705, dated 29 October 2010

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.  On 6 January 2010, the applicant enlisted in the Regular Army.  He completed his initial training as a chaplain assistant.

3.  A DA Form 5500, as provided by the applicant, dated 23 March 2010, shows he weighed 226 pounds which was 31 pounds over the authorized screening table weight of 195 pounds.  His body fat content was 15 percent which was 5 percent below the 20 percent maximum.  Accordingly, he was found to be in compliance with Army weight standards.

4.  A DA Form 705, provided by the applicant, dated 7 September 2010, shows he weighed 257 pounds which was 62 pounds over the authorized weight of 195.  He was identified as a "no-go" due to his weight.  His PT test scores show he passed the push-up event by only 1 point and failed the sit-up and two-mile run by 10 and 9 points, respectively.  His overall total point score was 152.  Passing required a minimum of 60 points in each event and 180 total points.  The form was signed by the company first sergeant.  The comments block states this was a record APFT fail.

5.  A DA Form 705, provided by the applicant, dated 29 October 2010, shows he still weighed 257 pounds which was 62 pounds over the authorized weight of 195.  He was identified as a "no-go" due to his weight.  His PT test scores show he failed all three events and attained only 118 total points.  The form was signed by an SFC.  The comments block states this was a record APFT fail.

6.  The applicant's administrative discharge packet is not available in his records.  However, his DD Form 214 shows that he was discharged on 6 January 2011, under the provisions of Army Regulation 600-200, paragraph 13-2e, for physical standards.  His service was characterized as honorable.  He completed 1 year and 1 day of creditable active duty service.  He was given a separation program designator (SPD) code of JFT and an RE-3.

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 13-2e, provides for the requirement to initiate separation proceedings for Soldiers who have two consecutive failures of the Army physical fitness test.

8.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes.  RE- 3 applies to persons separated from their last period of service with a waivable disqualification.

9.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214.  The SPD code of JFT was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 5-17, for physical standards.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper RE code to assign to Soldiers for this reason.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected by changing his RE-3 to RE-1 for reenlistment purposes.  He argues that he did not receive two APFT record tests and should be given a second chance.

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.


3.  The applicant has not made any argument that convincingly shows that what the Army did was wrong.  The documents that he has provided clearly show he failed two APFT for record.  There is no evidence showing he passed an APFT at any time between these two failures.

4.  The available evidence strongly supports that the SPD code of JFT and RE-3, establishing his ineligibility for enlistment/reenlistment without waiver, were correctly entered on his separation document in accordance with governing regulations.

5.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for his SPD code JFT and RE-3.

6.  The applicant is advised that his RE-3 is waivable.  If he desires to reenter military service, he should periodically discuss his desire with a military recruiter who can then make the appropriate requests to obtain a waiver.

7.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20140008315





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ABCMR Record of Proceedings (cont)                                         AR20140008315



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