IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120021653
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service is now inequitable based on the applicant’s length and quality of his service to include the circumstances surrounding his discharge (completed 2 years, 11 months of a three-year enlistment with no other misconduct).  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it.



      
      
      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 to upgrade the characterization of his service from general, under honorable conditions to an honorable discharge.

2.  The applicant states, in effect, that he was a good Soldier and well liked.  He worked hard and was the best Bradley Driver in the company.  He just had issues with the push up exercise.  He ran well and did sit ups well.  He was discharged three months prior to completing his contract.  It did not make sense to him.  Therefore, he would like to see it changed so he can be proud of what he was, a good Soldier.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	16 November 2012
	b.	Discharge Received:	General, under honorable conditions
	c.	Date of Discharge:	12 May 2000
	d.	Reason/Authority/SPD/RE Code:	Unsatisfactory Performance / AR 635-200, Chapter 13 			/ JHJ / RE-3
	e.	Unit of assignment:	C Company, 1st Battalion, 9th Cavalry Regiment, 1st 
			Cavalry Division, Fort Hood, TX
	f.	Current Enlistment Date/Term:	5 June 1997 / 3 years
	g.	Current Enlistment Service:	2 years, 11 months, 8 days
	h.	Total Service:	2 years, 11 months, 8 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	11M (FV infantryman)
	m.	GT Score:	NIF
	n.	Education:	HS Grad
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	ASR
	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 5 June 1997 for a period of 3 years.  He was 19 years old at the time of entry and a high school graduate.  There is no record that he served overseas or earned any awards.  He completed 2 years, 11 months, and 8 days of active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 13 March 2000, 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 three consecutive Army Physical Fitness Tests (APFTs):

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

3.  On 14 March 2000, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 16 March 2000, 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 not transferred to the U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 12 May 2000, with a characterization of service of general, under honorable conditions.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  DA Form 705, Army Physical Fitness Test Scorecard with the following record APFT evaluation dates:

	a.	20 August 1999, 23 PU – 34 points; 60 SU – 71 points; 16:22 for 2 Mile Run – 53 points with a total score of 158

	b.	10 September 1999, 24 PU – 35 points; 56 SU – 65 points; 18:07 for 2 Mile Run – 30 points with a total score of 130

	c.	10 November 1999, 32 PU – 46 points; 43 SU – 44 points; 17:50 for 2 Mile Run – 32 points with a total score of 122

	d.	24 February 2000, 34 PU – 53 points; 54 SU – 65 points; 17:35 for 2 Mile Run – 49 points with a total score of 167

2.  Five negative counseling statements dated between 20 August 1999 and 24 February 2000, for failing record APFTs.


EVIDENCE SUBMITTED BY THE APPLICANT:

 DD Form 293, dated 9 November; DD 214 for service under current review.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the document and the issue 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 contends he was a good Soldier, but had issues with performing push-ups during APFT.  The applicant’s service and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated failing the APFTs, although he was provide counseling regarding his APFT performance.

5.  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.  In essence, the records show the proper discharge and separation authority procedures were followed in this case.  

6.  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:  4	No Change:  1
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
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)		AR20120021653



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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