IN THE CASE OF: 

BOARD DATE:  4 November 2019

DOCKET NUMBER:  AR20190003333


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 5 May 1997, as follows:

*	amend Item 24 (Character of 
Service) to show his service was characterized as honorable
*	amend item 26 (Separation 
Code) to show a different separation code,  consistent with a separation for the 
convenience of the government
*	amend item 27 (Reentry (RE) 
Code) to show his RE code was "1"
*	amend item 28 (Narrative 
Reason for Separation) to show he was separated for the "Convenience of the 
Government"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552), dated 21 January 2019
*	four pages of service medical records

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S.  
Code (USC), Section 1552 (b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 he had been sick with pneumonia while in basic training and 
was unable to pass the Army Physical Fitness Tests (APFT).  At the time of his 
discharge, he was informed that because of his hardship, his discharge status would 
become honorable after 90 days.  He met with a Department of Veterans Affairs (VA) 
representative to get a copy of his DD Form 214 (showing an honorable status) and was 
told he had to request a correction of his military record.

3.  The applicant enlisted in the Regular Army on 19 November 1996.

4.  The applicant's service medical record shows he was treated on 3 December 1996, 
for an upper respiratory infection with productive cough; on 29 January 1997, for left 
knee pain; on 12 February 1997, for the flu; and on 26 February 1997, for bronchitis.

5.  The applicant was transferred from basic reconnaissance training to the fitness 
training unit on 27 March 1997.

6.  The applicant was counseled on 28 March 1997 in reference to his inability to pass 
the APFT over four consecutive tests.  

7.  The applicant failed the Expanded Fitness Training Program and was returned to his 
unit on 16 April 1997.

8.  The applicant's unit commander initiated separation processing on 18 April 1997, 
under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted 
Personnel), Chapter 11, due to the applicant's inability to pass the minimum standards 
required of the APFT.  He acknowledged the proposed separation on 25 April 1997.  
After consulting with counsel, he waived his right to make a statement in his own behalf.

9.  The separation authority approved the recommendation on 30 April 1997 and 
directed the applicant's separation under the provisions of Army Regulation 635-200, 
Chapter 11.

10.  The applicant was discharged on 5 May 1997, under the provisions of Army 
Regulation 635-200, Chapter 11.  His DD Form 214 shows he was credited with 
completing five months and five days of net active service and he was not awarded a 
military occupational specialty.  His DD Form 214 further shows the following entries in:

*	Item 24, his service was 
uncharacterized
*	Item 26, his separation code 
was "JGA"
*	Item 27, his RE code was "3"
*	Item 28, his narrative reason 
for separation was "Entry Level Performance and Conduct"

11.  There is not now nor has there ever been any law or regulation that authorizes an 
automatic upgraded of any type of discharge.








BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records, regulatory requirements, and published DoD guidance for 
consideration of discharge upgrade requests.  The Board found the character of service 
equitable under the circumstances.  Based on a preponderance of evidence, the Board 
determined that there was no error or injustice in the applicant’s discharge or character 
of service, or basis for clemency.

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.

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 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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The regulation provides that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

3.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) 
provides the eligibility criteria, policies, and procedures for enlistment and processing 
into the Regular Army and USAR.  It provides that individuals will be assigned RE codes 
based on their service records or the reason for discharge prior to discharge or release 
from active duty.  Table 3-1 includes a list of Regular Army RE codes.

*	RE code "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
*	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
*	RE code "4" applies to Soldiers separated from their last period of service with a 
non-waivable disqualification

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 
that separation codes are three-character alphabetic combinations that identify reasons 
for and types of separation from active duty.  Separation code narrative reasons are 
aligned with applicable regulatory authority paragraphs.  The separation code "JGA" is 
the appropriate code to assign Soldiers separated under the provisions of Army 
Regulation 635-200, Chapter 11, by narrative reason of "Entry Level Performance and 
Conduct."

5.  The SPD/RE Code Cross Reference Table provides instructions for determining the 
applicable RE code for separating Regular Army and Reserve Component Soldiers.  
This cross reference table shows the separation code and corresponding RE code.  The 
table in effect at the time of the applicant's discharge shows that separation code "JGA" 
was assigned a corresponding RE code of "3."

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.

	a.  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.  A general discharge is a separation from the Army under honorable conditions.  
When authorized, it is issued to a Soldier whose military record is satisfactory but not 
sufficiently meritorious to warrant an honorable discharge. A characterization of under 
honorable conditions may be issued only when the reason for the Soldier’s separation 
specifically allows such characterization.

	c.  Chapter 11 of that regulation provides for the separation of personnel in an entry 
level status for unsatisfactory performance or conduct as evidenced by inability, lack of 
reasonable effort or a failure to adapt to the military environment.  These provisions 
apply only to individuals whose separation processing is started within 180 days of entry 
into active duty.  An uncharacterized separation is mandatory under this chapter.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190003333

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190003333

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ABCMR Record of Proceedings (cont)	AR20190003333


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