1. Applicant's Name: a. Application Date: 20 February 2019 b. Date Received: 25 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, was on profile for five and a half weeks due to a lower back injury. The profile did not permit the applicant to perform PT or take an APFT or alternate events. When the profile expired, the applicant was not allotted the time needed to retrain and be able to pass the APFT. The applicant was separated before the 11 weeks period. The applicant is trying to commission as an officer and is unable due the unjust discharge from the Army. In a records review conducted at Arlington, VA on 20 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / Honorable b. Date of Discharge: 27 April 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 April 2012 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; shed failed three consecutive record Army Physical Fitness Tests. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 19 April 2012, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 April 2012 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 May 2011 / 3 years, 40 weeks b. Age at Enlistment / Education / GT Score: 19 years / 1 year college / 113 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 10 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 28 March 2012, relates the applicant did not meet criteria for any DSM-IV psychiatric diagnoses. Results of a clinical interview did not suggest any past or present psychiatric disorders. Results did not indicate the presence of any psychiatric disorder or any personality disorder that would warrant treatment or disposition through medical channels. She was approved from a mental health perspective to be considered for any administrative proceedings including separation from the US Army under the provisions of Chapter 13. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); self-authored statement; DD Form 214; and two physical profiles. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, unsatisfactory performance. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests a change to the reentry eligibility (RE) code. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's contentions were carefully considered regarding, she was on profile for five and a half weeks due to a lower back injury; her profile did not permit her to perform PT or take an APFT or alternate events; when her profile expired she was not allotted the time needed to retrain and be able to pass the APFT; and she was separated before the 11 week period. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requests a change to the RE code because she is trying to commission as an officer and is unable due the unjust discharge from the Army. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 20 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190003403 1