IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150000987 


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 reentry eligibility (RE) code.

2.  The applicant states:

	a.  He was assigned RE code 3 due to his supposed inability to pass the Army Physical Fitness Test (APFT) while in advanced individual training (AIT).  He could and still can pass the test, but his instructor thought he had an "attitude" and when his test was supposed to be over the instructor had miscalculated his distance and made him continue when his test should have been over.  By that time the maximum time allotted had lapsed and he failed.

	b.  He was never given another opportunity to prove he did/could complete the APFT.  The instructor didn't want him in "his Army" and therefore found a way to make it look like he was an inadequate Soldier.

	c.  He would like the opportunity to complete his military obligation.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from the Army).

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 14 July 2009.

3.  His records show he failed the APFT on the following dates:

* 30 November 2009
* 1 February 2010
* 23 April 2010

4.  On 15 June 2010, the applicant's unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 13, for unsatisfactory performance.  The commander cited the applicant had failed three consecutive record APFTs and he failed to show up for mail call formation.

5.  He consulted with counsel, waived his rights, and elected not to make a statement on his own behalf.

6.  On 22 June 2010, the separation authority approved the recommendation for separation and directed the issuance of an honorable discharge.

7.  On 1 July 2010, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 13-2e, by reason of physical standards.

8.  His DD Form 214 shows in:

* item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
13-2e
* item 26 (Separation Code) – JFT
* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – Physical Standards

9.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 13 provides for separation for unsatisfactory performance.  Paragraph 13-2e states initiation of separation proceedings is required for Soldiers without medical limitations who have two consecutive failures of the APFT.  The service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records.

10.  Army Regulation 635-200 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.

11.  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 provides a list of RE codes.

	a.  RE code 1 applies to persons completing an initial term of active service who were fully qualified when last separated.

	b.  RE code 1A applied to Soldiers separated prior to the effective date of this regulation.  This code will not be used.

	c.  RE code 3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  SPD code JFT applies to Soldiers discharged by reason of physical standards and the regulatory authority is Army Regulation 635-200, paragraph 13-2e.

13.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD of JFT will be assigned an RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he was never given another opportunity to prove he could complete the APFT, the evidence shows he failed three consecutive record APFTs.

2.  The evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, paragraph 13-2e.  The RE code associated with this type of discharge is 3.  He received the appropriate RE code associated with his reason for discharge.

3.  His RE code was administratively correct and in conformance with applicable regulations at the time of his discharge.  There is no basis for granting the requested relief.

4.  His current RE code is a waivable code.  The applicant may still apply for service in the Armed Forces and request the appropriate waiver.  He may address this matter with a recruiter.

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 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)                                         AR20150000987



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ABCMR Record of Proceedings (cont)                                         AR20150000987



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