IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001144 


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, in effect, an upgrade of his general, under honorable conditions discharge (GD).  

2.  The applicant states that based on his physical condition he could not meet the standards.  He claims he suffers from flat feet which made things difficult.  He states he did nothing criminal and was a good Soldier.  

3.  The applicant refers to a medical record but provides no documentary evidence in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 January 2008.  His record documents no acts of valor or significant achievement.  

2.  The applicant's disciplinary history includes his acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 3 July 2008 for intentionally failing to complete the Army Physical Fitness Test (APFT).  

3.  The record shows the applicant failed to complete five record APFTs on 1, 21, and 28 August 2008 and on 4 and 11 September 2008.  

4.  A DD Form 2808 (Report of Medical Examination) in the record confirms the applicant underwent a separation medical examination on 3 September 2008.  The clinical evaluation shows all normal findings, and the examining physician assigned a physical profile of 111111 and found the applicant fully qualified for retention/separation.   No disabling medical conditions were found during the examination that would have warranted the applicant’s separation processing through medical channels. 

5.  The applicant's unit commander notified him that he was initiating action to separate the applicant under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance based on his inability to successfully complete the APFT on five separate occasions, and that he was recommending the applicant receive a GD. 

6.  On 28 October 2008, the applicant consulted with legal counsel and he was advised of the basis of the contemplated action to separate him for unsatisfactory performance and its effects; of the rights available to him; and of the effect of any action taken by him in waiving his rights.  Subsequent to this counseling, the applicant waived his right to have his case considered by and his personal appearance before an administrative separation board; his right to representation by counsel, and he elected not to submit statements in his own behalf.  

7.  On 4 November 2008, the separation authority approved the applicant’s discharge for unsatisfactory performance and directed the applicant receive a GD.  On 7 November 2008, the applicant was discharged accordingly.  The 
DD Form 214 (Certificate of Release or Discharge from Active Duty) the applicant was issued at the time confirms he was discharged in the rank/grade of private/E-2 after completing 9 months and 9 days of active military service.  

8.  On 22 June 2010, the Army Discharge Review Board, after carefully considering the applicant’s military record and all other available evidence, determined the applicant’s discharge was proper and equitable and it voted to deny his request for an upgrade of his discharge.  

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 states in pertinent part that initiation of separation proceedings is required for Soldiers without medical limitations who have two consecutive failures of the APFT, unless the responsible commander chooses to impose a bar to reenlistment per Army Regulation 601-280 (Total Army Retention Program).  The regulation requires that separation action be taken when in the commander’s judgment the individual will not develop sufficiently to participate satisfactorily in further military training and/or become a satisfactory Soldier.  Service of Soldiers separated because of unsatisfactory performance under this regulation is characterized as honorable or under honorable conditions.

10.  Army Regulation 635-200, paragraph 3-7a, states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to upgrade his discharge because of his physical condition has been carefully considered.  However, there is insufficient evidence to support this claim.  The record contains no evidence indicating the applicant suffered from a disabling condition that would have prevented him from passing the APFT or that warranted his separation processing through medical channels, as evidence by the DD Form 2808 documenting his separation medical examination. 

2.  The evidence of record confirms the applicant’s separation under the provisions of Army Regulation 635-200, chapter 13, by reason of unsatisfactory performance was accomplished in accordance with the applicable regulation 
based on his five consecutive failures by the applicant to complete the APFT.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Absent any evidence of an error or injustice in the applicant’s separation processing, there is an insufficient evidentiary basis to support granting the requested relief.  

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 that 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)                                         AR20120001144



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ABCMR Record of Proceedings (cont)                                         AR20120001144



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