IN THE CASE OF:	  

		BOARD DATE:	    24 January 2013

		DOCKET NUMBER:  AR20120011872 


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 an upgrade of her discharge.  In effect, she is requesting a correction to the narrative reason for separation. 

2.  The applicant states her discharge from active duty at the time was due to an injury and her inability to perform physical activities.  

3.  The applicant provides her 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's records show she enlisted in the Regular Army on 6 November 1986.  She completed basic combat training at Fort Jackson, SC, and she proceeded to Fort Gordon, GA, for completion of advanced individual training.  

3.  On 27 August 1987, she was returned to full duty after she was placed on medical hold on 7 July 1987 for medical problems with her hip and back.  An orthopedic correction was made after a lift was added to her shoes thus eliminating this problem.

4.  On 4 September 1987, she failed an end of course Army Physical Fitness Test (APFT) with a total score of 48 out of 300 points (score of zero points for the push up event, 40 for the sit up event, and 8 for the 2-mile run).

5.  On 11 September 1987, she failed the end of course APFT retest with a total score of 85 (score of 38 points for the push up event, 47 for the sit up event, and 0 for the 2-mile run). 

6.  On 14 September 1987, she was given a 30-day retention waiver to give her an opportunity to improve her physical fitness performance.  

7.  On 5 October 1987, she received a temporary physical profile for a strained stomach muscle.  Her profile expired on 13 October 1987 and she was cleared to return to duty.

8.  On 15 October 1987, she failed the end of course APFT second retest with a total score of 80 (score of 38 points for the push up event, 0 for the sit up event, and 42 for the 2-mile run). 

9.  On 19 October 1987, a physician assistant at the troop medical clinic stated there was no medical reason preventing the applicant from passing her APFT.

10.  Her records show she was frequently counseled for various infractions, including:

* Not being recommended for promotion due to lack of motivation
* Failing to show up for formation
* Failing to show up for a diagnostic APFT
* Being overweight and unable to take the APFT
* Failing a diagnostic APFT
* Failing end of course APFT
* Lack of initiative

11.  On 22 October 1987, her immediate commander notified her of his intent to initiate separation action against her in accordance with chapter 13 of Army Regulation 635-200 (Personnel Separations) due to unsatisfactory performance. He recommended an honorable discharge.

12.  On 27 October 1987, she acknowledged receipt of the commander's notification and she subsequently consulted with legal counsel.  She was advised of the bases for the contemplated separation action for unsatisfactory performance, the type of discharge she could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to her.  She submitted a statement on her own behalf wherein she stated she did not believe she should be discharged just because she could not pass the APFT.  She also stated she felt an injustice had happened despite all the help provided to her and that the Army would be sorry to let her go as she considered herself a good Soldier.

13.  She further acknowledged she understood she might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to her and she might be ineligible for many or all benefits as a veteran under both Federal and State laws.

14.  On 27 October 1987, her immediate commander initiated separation action against her in accordance with Army Regulation 635-200 by reason of unsatisfactory performance with an honorable discharge.

15.  On 16 November 1987, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200 by reason of unsatisfactory performance with her service characterized as honorable.  Accordingly, she was discharged on 19 November 1987.  Her DD Form 214 shows she completed 1 year and 14 months of creditable active service.

16.  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.  A general or honorable discharge was considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was unable to pass the APFT during training.  She was given ample opportunity to recover and display improvement in her physical fitness level.  She was even retained in the Army for an additional 30-day period to help maximize her opportunities to complete training.  A medical officer confirmed her inability to pass the APFT was not due to a medical reason.  

2.  Accordingly, her chain of command initiated separation action against her.  The evidence further shows her separation processing was accomplished in compliance with applicable regulations and there is no evidence of procedural errors that would have jeopardized her rights.  She was given a fully honorable discharge.

3.  Her narrative reason was assigned based on the fact that she was an unsatisfactory performer in training.  Absent her unsatisfactory performance, there was no fundamental reason to process her for discharge.  The underlying reason for her discharge was her unsatisfactory performance.  The only valid narrative reason for separation permitted under that paragraph is "unsatisfactory performance" which is correctly shown on his DD Form 214.  

4.  In view of the foregoing evidence she is not entitled to 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)                                         AR20120011872





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ABCMR Record of Proceedings (cont)                                         AR20120011872



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