IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005871 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 amendment of his reentry eligibility (RE) code. 2. The applicant states: a. He believes an RE code 3 is unjust due to the fact he was discharged for physical fitness assessment failure. b. He is attempting to join the Air Force and cannot enlist with an RE code 3. He doesn't feel a waiver needs to be granted for failing to complete a mile run in the required time. c. He has spent the last 2 years getting into the best shape of his life to join the Air Force. d. He didn't intend to enlist again after his discharge. After much consideration and turning his life around, he realized that being a Soldier is what he is supposed to be. It's the only field he believes he can make a career. He is 29 years old and this may be his last chance to join. e. When he was 17 years old he was a very naïve and simple-minded boy. He pursued the Army to make his dream a reality and to continue a family tradition. He was swayed into taking a job he wasn't motivated to do. His recruiter convinced him that infantry was the job for him. It was everything he wanted to hear to make it sound appealing without exploring other options. He was assigned a guaranteed station of Germany, but once the realization set in it was a life-altering move for someone so young. He was in no way prepared for what was ahead of him. f. He did nothing to get himself in shape for the life he was going into. He was given a general discharge for failing to meet physical fitness requirements and assigned an RE code 3. At the time he was under the impression it would not affect his possibilities to have a future in the military. g. Since his discharge, he pursued a college education, got married, and tried multiple jobs but something felt as though it was missing. There has never been a career he can envision himself in more than that of being an Air Force airman. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 was born on 15 September 1985. He enlisted in the Regular Army on 29 July 2003 for a period of 4 years. 3. His records contain DA Forms 4856 (Developmental Counseling Form) showing he was counseled for failing the physical fitness assessment on: * 12 August 2003 * 9 September 2003 * 18 September 2003 * 23 September 2003 * 30 September 2003 4. Discharge proceedings were initiated against him on 8 October 2003 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, by reason of entry-level status performance and conduct. The unit commander cited the applicant's physical fitness failure. On 20 October 2003, the separation authority approved the recommendation for discharge. 5. On 27 October 2003, he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level status performance and conduct. He completed 2 months and 29 days of creditable active service. 6. His DD Form 214 shows in: * item 24 (Character of Service) – Uncharacterized * item 25 (Separation Authority) – Army Regulation 635-200, chapter 11 * item 26 (Separation Code) – JGA * item 27 (Reentry Code) – 3 * item 28 (Narrative Reason for Separation) – entry level performance and conduct 7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 provides for the separation of personnel due to unsatisfactory performance and/or conduct while in an entry-level status. This provision applies to individuals who demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life; or because they lacked the aptitude, ability, motivation, or self-discipline for military service; or they had demonstrated characteristics not compatible with satisfactory continued service. This policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. Service will be described as uncharacterized under the provisions of this chapter. 8. Army Regulation 635-5-1 (Separation Program Designator Codes (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD code to be used for these stated reasons. The regulation states the reason for a discharge based on SPD code JGA is entry-level performance and conduct and the regulatory authority is Army Regulation  635-200, chapter 11. 9. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. * RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated * RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable 10. The SPD/RE Code Cross Reference Table, dated 31 March 2003, shows that Soldiers assigned an SPD code of JGA will be assigned an RE code of 3. DISCUSSION AND CONCLUSIONS: 1. The applicant contends when he was 17 years old he was a very naïve and simple-minded boy. However, age is not a sufficiently mitigating factor. He was almost 18 years old when he enlisted. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military terms of service. 2. The evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 11. The RE code associated with this type of discharge is an RE code of 3. Therefore, the applicant received the appropriate RE code associated with his discharge. 3. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his discharge. Therefore, there is no basis for granting the applicant's requested relief. 4. His current RE code is a waivable code. Therefore, the applicant may still apply for service in the Armed Forces by requesting the appropriate waiver. 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) AR20150005871 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005871 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1