Applicant Name:  ?????

Application Receipt Date: 2012/03/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he received a Chapter 13 and discharged under a general discharge for failure of two consecutive physical fitness tests; he was not given an opportunity for a change in unit; he has never received an Article 15 in his whole career in the Army; and he has received the Army Good Conduct Medal for every three years of service.  He adds that based on his record of successful deployments to Iraq and outstanding achievements, he believes that his good standing was acceptable to receive a higher discharge.  He believes that since Chapter 13 discharges need more than just failures to pass an APFT, an upgrade is warranted.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 101213
Discharge Received: 			   Date: 110126   Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: 23rd MP Co, 91st MP Bn, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 091212    Current ENL Term: 05 Years  ?????
Current ENL Service: 	01 Yrs, 04 Mos, 14 Days ?????
Total Service:  		12 Yrs, 01 Mos, 07 Days ?????
Previous Discharges: 	ARNG (981219-000712) / NA
			     RA (000713-040718) / HD
			     RA (040819-060418) / HD
			     RA (060419-090226) / HD
			     RA (090227-091211) / HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 31B (Military Police)   GT: 96   EDU: HS Grad   Overseas: HI; AK; SWA   Combat: Iraq x 2 (090801-100521); (050221-060212); 
Decorations/Awards: ARCOM-2; AAM-2; AGCM-3; NDSM; ICM-3CS; GWOTSM; ASR; OSR-4

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 November 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failing two consecutive APFTs, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 23 November 2010, the applicant waived consultation with a legal counsel, and indicated he understood the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  
       
       7 January 2011, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13-2e of this regulation, states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations that have two consecutive failures of the Army Physical Fitness Test.  The reason for discharge will be shown as unsatisfactory performance.  Service of Soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records for the period of enlistment under review, and the issue and document submitted with the application, the analyst found mitigating factors which would merit an upgrade of the applicant's discharge to fully honorable.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  The analyst does not condone the applicant’s unsatisfactory performance; however; determined that the characterization of service is now inequitable.  
       
       The record indicates that the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test.  The analyst also noted the lack of any other derogatory information in the record.
       
       In view of the foregoing, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 August 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 30 January 2012; DD Form 214 for service under current review.



VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review and notwithstanding the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  However, the Board further determined that the narrative reason for discharge is now inequitable based on the regulations currently in effect provide the reason for the applicant’s discharge as physical standards.  Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to Physical Standards with the corresponding separation code of JFT.   
        
IX.  Board Decision						
Board Vote:
Character - Change 2    No change 3
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Physical Standards
Other: Change Separation Authority to AR 635-200, paragraph 13-2e, and Separation Code to JFT
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder










Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120005942
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