ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20180016101 APPLICANT REQUESTS: Upgrade of the separation code of "JFT" on her DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 March 2012 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, that she just became aware of this separation code error while trying to enlist in the Wyoming Air National Guard. The recruiter brought it to her attention when he informed her that in order to reenlist, the separation code would need to be one of the Separation Program Designator (SPD) codes that do not require a waiver with a reentry (RE) code of “3.” 3. The applicant enlisted in the US Army Reserve on 16 June 2011. She entered active duty for Initial Entry Training on 12 September 2011. 4. A review of her service record reveals the following: a. Multiple instances of counseling by her chain of command for failing to meet Army Physical Fitness Test (APFT) standards. She was counseled in writing on a DA Form 4856 (Developmental Counseling Form) which only contain the first page with her initials for the following dates: * 24 January 2012 – for diagnostic APFT failure * 14 February 2012 – for diagnostic APFT failure * 23 February 2012 – for record APFT failure * 1 March 2012 – for record APFT failure b. DA Form 705 which shows she failed two record APFTs administered on 1 March 2012 and 8 March 2012. 5. The applicant's commander notified her on 21 March 2012 of her intent to initiate separation action against her under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 13 by reason of unsatisfactory performance. She further stated her reason for the action were because the applicant showed no initiative to pass the APFT and had no desire to become a productive member of the military, which were all likely to continue or reoccur. She recommended the applicant be discharged with an honorable characterization of service. 6. The applicant acknowledged receipt of this notice the same day. She also acknowledged she understood the basis for the contemplated action and its effects, the rights available to her, and the effect of any action taken by her to waive her rights. She further acknowledged she understood she could expect to encounter substantial prejudice in civilian life if she was issued a less than fully honorable discharge and she understood that if she received a character of service less than honorable she could make application to the Army Discharge Review Board (ADRB) or to this Board for an upgrade. However, she realized that an act of consideration by either board did not imply her discharge would be upgraded. She declined the opportunity to consult with counsel and did not submit any statements on her own behalf. 7. On 23 March 2012, the appropriate authority approved her separation under the provision of AR 635-200, Chapter 13 by reason of unsatisfactory performance due to APFT failure, and directed that the applicant receive an honorable characterization of service. 8. On 28 March 2012, the applicant was discharged in accordance with the separation authority’s directive after completing 6 months and 17 days of net active service. Her DD Form 214 shows in: * Item 24 (Character of Service), "HONORABLE" * Item 25 (Separation Authority), "AR 635-200, PARA 13-2E” * Item 26 (Separation Code), "JFT" * Item 27 (RE Code), "3" * Item 28 (Narrative Reason for Separation), "PHYSICAL STANDARDS" 9. Please see applicable regulations below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board discussed the nature of the actions resulting in her separation, noted that she received an Honorable discharge and that the reenlistment code assigned can be waived. The Board determined that the Separation Code assigned at the time of her discharge was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear- cut record of active Army service at the time of release from active duty, retirement, or discharge. 3 AR 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Chapter 13 provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions. c. Paragraph 13-2e, in effect at the time, provided that commanders would separate a Soldier for unsatisfactory performance when the Soldier without medical limitations had two consecutive APFT failures. 4. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for ARNG. This regulation provides 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. Table 3-1 provides a list of RE codes. • the RE Code "1" applies to Soldiers who have completed their terms of active service who are considered qualified for enlistment if all other criteria are met • the RE Code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable – they are ineligible unless a waiver is granted 5. AR 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the separation code to be entered on the DD Form 214. It identifies SPD code "JFT" as the appropriate separation code to assign enlisted Soldiers who are administratively discharged when the narrative reason for discharge is physical standards and the authority for discharge is Army Regulation 635-200, chapter 13. 16. The U.S. Army Human Resources Command publishes a cross-reference list of separation codes and RE codes. The cross-reference list in effect at the time shows that a separation code of "JFT" was assigned an RE code of "3." ABCMR Record of Proceedings (cont) AR20180016101 2