IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120020779
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his general discharge to honorable and a change to the narrative reason for his separation.

2.  The applicant states, in effect, that he was injured in basic training and was given a general, under honorable conditions discharge and his narrative reason for separation was unsatisfactory performance which was incorrect.  He met all goals in basic until he was injured.  He served his country to the best of his ability until he was hurt.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 November 2012			
b. Discharge Received:		General, Under Honorable Conditions		
c. Date of Discharge:			11 October 2012				
d. Reason/Authority/SPD/RE Code:	Unsatisfactory Performance, AR 635-200, Chapter							13, JHJ, RE-3	
e. Unit of assignment: 			E Co, 30th AG Bn, Fort Benning, GA	
f. Current Enlistment Date/Term:	12 February 2012, for 4 years and 19 weeks		
g. Current Enlistment Service:	7 months, 21 days	
h. Total Service:			7 months, 21 days	
i. Time Lost:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				124
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None 
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 21 February 2012, for a period of four years and 19 weeks.  He was 20 years old at the time of entry and a high school graduate.  He served for 7 months and 21 days and was discharged for unsatisfactory performance, specifically for failure to maintain physical progression, lack of motivation/respect/discipline to train, sleeping during duty hours, and disruptive influence to unit morale.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 14 September 2012, 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, specifically for:

* failing to maintain physical progression
* lack of motivation/respect/discipline to train
* sleeping during duty hours
* disruptive influence to unit morale

2.  The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

3.  On 14 September 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, which he was not entitled too, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  On 1 October 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  The applicant was transferred to the U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 11 October 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13,                AR 635-200, for unsatisfactory performance, with a Separation Program Designator code (SPD) of JHJ and an RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are 7 negative counseling’s dated between 21 May 2012 and 28 August 2012, for numerous instances of failing to conform to military standards, failure to follow instructions, and inability to meet Army physical fitness requirements.









EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his discharge packet, report of medical history, report of medical assessment, enlisted record brief, dated 3 April 2012, report of suspend favorable personnel action (Flag) document, dated 28 August 2012, and personal in nature document, dated 30 August 2012.

POST-SERVICE ACTIVITY: 

None provided by the applicant.

REGULATORY AUTHORITY:

1.  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.  

2.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.

3.  Army Regulation 635-200, paragraph 3-7a, provides that 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.  Whenever there is doubt, it is to be resolved in favor of the individual.

4.  Army Regulation 635-200, paragraph 3-7b, provides that 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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of his characterization and a change to the reason for the discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  



2.  The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service.  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant was separated under the provisions of Chapter 13, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this Chapter is "Unsatisfactory Performance", and the separation code is "JHJ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  The Transition Center (TC) appropriately selected the SPD code, reentry code and reason for the discharge to execute the commander's intent which in this case was to discharge the applicant for failure to maintain physical progression, lack of motivation/respect/discipline to train, sleeping during duty hours, and his disruptive influence to his unit's morale.  Army Regulation 635-5-1 provides the authority for Transition Centers (TC) throughout the Army to execute the commanders’ intent and in this case the TC selected the appropriate reentry code, the SPD Code that identified the type of separation and the correct Chapter from AR 635-200 that corresponded with the reason for the applicant’s separation as described in the discharge packet.

5.  The applicant contends he met all goals while in basic and served his country to the best of his ability until he was injured.  There is a presumption of regularity in the conduct of governmental affairs.  This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support his contention he met all goals and served to the best of his ability.  

6.  A review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 




SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	  Date: 10 April 2013   Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:		No Change
Change Authority for Separation:	N/A
Change RE Code to:	N/A
Grade Restoration to:	N/A
Other:	N/A


















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120020779



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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