IN THE CASE OF:  	Mr.

      BOARD DATE:  	17 April 2013

      CASE NUMBER:  	AR20120022767
___________________________________________________________________________

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 to be 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 to his general, under honorable conditions discharge to an honorable characterization of service.  

2.  The applicant states, in effect, that he is requesting an upgrade to an honorable characterization of service. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:  			4 December 2012			
b. Discharge Received:			General, Under Honorable Conditions		
c. Date of Discharge:				16 November 2012
d. Reason/Authority/SPD/RE Code:		Physical Standards, AR 635-200, paragraph 
   13-2e, JFT, 3
e. Unit of assignment:				289th Quartermaster Company, 553d Combat							Sustainment Support Battalion, Fort Hood, TX
f. Current Enlistment Date/Term:		12 January 2011, 3 years, 24 weeks
g. Current Enlistment Service:		1 year, 10 months, 6 days
h. Total Service:				1 year, 10 months, 6 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		91C10 Utilities Equipment Repairer
m. GT Score:					91
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 12 January 2011, for a period of 3 years, 24 weeks.  He was 25 years old at the time of entry, a high school graduate and completed          1 year, 10 months, and 6 days of active duty service.





SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 16 November 2012, the applicant was discharged under the provisions of Chapter 13, AR 635-200, paragraph 13-2e, physical standards, with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JFT and a reentry (RE) code of 3.  

3.  The applicant provided evidence which indicates the separation authority reviewed the applicant’s discharge packet, approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

4.  The applicant’s record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  He was separated as a PFC/E-3, which indicates there was not an action taken to cause a reduction in rank.

5.  On 1 November 2012, DA HQ III Corps and Fort Hood, Fort Hood, TX, Orders Number 306-0133, discharged the applicant from the Army effective 5 November 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements, MP reports, CID reports or UCMJ actions in the record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, separation authority’s memorandum from the discharge packet (undated), orders 307-0156, orders 307-0155, orders 306-0133 and a        DD Form 214.   

POST-SERVICE ACTIVITY: 

The applicant provided no information concerning his post-service activity.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13-2e states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test.  The reason for discharge will be shown as physical standards.  

2.  The service of Soldiers separated because of unsatisfactory performance for failure to meet physical standards will be characterized as honorable or general, under honorable conditions.

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 issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200, paragraph 13-2e, physical standards, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  The applicant provided evidence which indicates the separation authority reviewed the applicant’s discharge packet, approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

4.  The applicant's request was carefully considered; however, he did not provide an issue of equity for consideration.  Additionally, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  Moreover, there is a presumption of regularity in the conduct of governmental affairs which 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 a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

5.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

6.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. 







SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review  	  Date:  17 April 2013     Location: Washington, DC

Did the Applicant Testify?  No 

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)		AR20120022767



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1