IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012285 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012285 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. IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012285 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 to RE-2 or RE-1. 2. The applicant states: a. He wants to reenlist in the Army or another branch of the military. b. He believes his RE code is unjust because he was physically fit and qualified for duty upon his graduation from basic combat training because he passed his physical training tests at the time. During advanced individual training, he failed his first two Army Physical Fitness Tests (APFT) and was given an uncharacterized discharge. c. He believes he should have been given another opportunity to take the APFT because he was working tirelessly to improve his sit-ups. He only missed the sit-up standard by a few and his push-up and run performance were above standard. d. At the time of his discharge, he was informed he would be able to reenlist after 6 months. He found this to be untrue in August 2014 when he spoke with a recruiter about reenlisting. 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 enlisted in the Regular Army on 30 January 2012 for a period of 3 years. 3. Discharge proceedings were initiated against him on 20 June 2012 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 demonstrated a severe lack of motivation and because of this he failed to meet the minimum graduation requirement on the APFT. He failed to meet the sit-up standard on 18 and 29 May 2012. This failure to meet standards was addressed without resolution and the applicant indicated he did not wish to overcome the issue. On 26 June 2012, the separation authority approved the recommendation for discharge. 4. On 29 June 2012, he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level status performance and conduct. He completed 5 months of creditable active service. 5. 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 REFERENCES: 1. 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. 2. 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. 3. 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. a. RE code 1 applies to persons completing an initial term of active service who were fully qualified when last separated. b. RE code 2 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. 4. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD code of JGA will be assigned an RE code of 3. DISCUSSION: 1. Although the applicant contends he should have been given another opportunity to take the APFT because he was working tirelessly to improve his sit-ups, the evidence of record indicates his failure to meet sit-up standards in June 2012 was addressed without resolution and he indicated he did not wish to overcome the issue. 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. 3. His assigned RE code was administratively correct and in conformance with applicable regulations at the time of his discharge. 4. His current RE code is a waivable code. He may still apply for service in the Armed Forces by requesting the appropriate waiver. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012285 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012285 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2