IN THE CASE OF:	

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140019260 


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) to show his reentry (RE) code as 1 vice 3.

2.  The applicant states he was discharged because he was unable to pass the Army Physical Fitness Test (APFT).  Since then, he has been working with an Army sergeant doing physical training.  He requested the Army recruiter give him an APFT and he achieved a passing score.  He really loved the Army and wants to be part of the organization again; he has matured and is now more disciplined.

3.  The applicant provides his DD Form 214 and DA Form 705 (APFT Scorecard).  

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 7 July 2010.  He completed basic training and on 1 February 2011 he was assigned for advanced individual training (AIT) to B Company, 832nd Ordnance Battalion, Redstone Arsenal, AL.

3.  On 7 February, 14 March, and 25 April 2011, he was given record APFTs and he failed all three APFTs.  After each APFT failure, he was counseled for failing to meet the Army standard of performance on each end of course (EOC) APFT, that it was a graduation requirement to past the APFT, and he may be processed for separation for unsatisfactory performance if he was unable to do so. 

4.  On 20 May 2011, the applicant was notified by his immediate commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph
13-2e, for unsatisfactory performance.  His commander stated it was because he failed three consecutive record APFTs, two diagnostic APFTs, and he had no medical limitations that prohibited him from taking the APFT. 

5.  On 20 May 2011, he acknowledged notification of the proposed separation action.  He subsequently consulted with legal counsel and was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and of the procedures and rights available to him.  He acknowledged he understood that he may expect to encounter substantial prejudice in civilian life if he was issued a general discharge.  He declined to submit a statement in his own behalf.  

6.  On 2 June 2011, the separation authority approved his discharge for unsatisfactory performance and directed the issuance of an Honorable Discharge Certificate.  On 9 June 2011, he was discharged accordingly.

7.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 13-2e, by reason of physical standards.  Item 26 (Separation Code) of this form contains the entry JFT and item 27 (RE Code) contains the entry 3.

8.  The applicant provides a DD Form 705, dated 28 October 2014, wherein it shows he took and passed an APFT on that date at the Lake City Recruiting Station.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and procedures for separating individuals for unsatisfactory performance and provides that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 shows the RE codes and states in pertinent part:

	a.  RE-1 applies to Soldiers completing their term 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 time of separation, but disqualification is waivable (emphasis added).  They are ineligible for enlistment unless a waiver is granted.

11.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

12.  Army Regulation 635-5-1 (Separation Program Designator (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 the SPD code of JFT is the appropriate code to assign 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 of 3 will be assigned to members separated under these provisions with an SPD code of JFT.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that while in AIT the applicant failed three consecutive record EOC APFTs and passing the APFT was a requirement to successfully complete AIT.  As he was not able to meet the Army physical standard requirements, his commander appropriately initiated separation action against him for unsatisfactory performance.  His separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  

2.  He was honorably discharged on 9 June 2011 under the provisions of Army Regulation 635-200, paragraph 13-2e, with an SPD code of JFT.  Based on his separation under this provision, he was appropriately assigned an RE code of 3 at the time of discharge.  An RE code of 3 is the correct code for Soldiers separated by reason of physical standards.  

3.  The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  There are no provisions to change entries on the DD Form 214 when conditions may have changed after a Soldier's discharge.  

4.  In view of the foregoing, there is no 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.



ABCMR Record of Proceedings (cont)                                         AR20140019260





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ABCMR Record of Proceedings (cont)                                         AR20140019260



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