IN THE CASE OF:  	

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130001286
___________________________________________________________________________

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 characterization of service was too harsh based on the length and quality of the applicant’s service and the recommendations of his immediate commanders, and as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  





      
      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 discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that his discharge was improper because everyone in his chain of command said he should have an honorable discharge except for one person.  He had good service and did not have any Articles 15 or issues of misconduct.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		24 January 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			29 June 2012
d. Reason/Authority/SPD/RE:		Physical Standards, AR 635-200, Chapter 13 							Paragraph 13-2e, JFT, RE-3
e. Unit of assignment:			B Battery, 2d Bn, 5th FA Regiment, Fort Sill, OK 
f. Current Enlistment Date/Term:  	15 June 2010, 3 years, 18 weeks
g. Current Enlistment Service:  	2 years, 3 months, 12 days
h. Total Service:			2 years, 3 months, 12 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	13B10, Cannon Crewmember
m. GT Score:				92
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, 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 18 March 2010, for a period of 3 years and 18 weeks.  He was 19 years old at the time and a high school graduate.  The applicant’s record does not document any acts of valor or significant achievements.  His DD Form 214 incorrectly shows an entry date of 15 June 2010.  However, the applicant’s DD Form 4, contained in his record shows an entry date of 18 March 2010.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s service record does not contain all the specifics facts and circumstances pertaining to his separation from the Army.  However, the applicant provided a copy of the discharge packet which shows that on 3 May 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 two (sic) consecutive Army Physical Fitness Tests (120203, 120224, and 120424).  

2.  The unit commander recommended an honorable discharge and advised the applicant of his rights.  

3.  On 8 May 2012, the applicant waived 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.  The intermediate commander reviewed the proposed action and recommended approval of the discharge with an honorable characterization of service.  

4.  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 US Army Reserve Control Group.

5.  The applicant’s DD Form 214 indicates he was discharged from the Army on 29 June 2012, with a characterization of service of general, under honorable conditions, for physical standards, under authority of AR 635-200, paragraph 13-2e, with an SPD code of JFT and a reentry code of 3.

6.  The applicant’s service record does not contain any lost time.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are two counseling statements dated 3 February 2012 and 24 April 2012, for failure to pass the Army Physical Fitness Test.

EVIDENCE SUBMITTED BY THE APPLICANT 

 The applicant provided a copy if his discharge packet.

POST-SERVICE ACTIVITY: 

None provided.

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 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.

3.  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 the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable; the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT).  The service record does not contain any other derogatory information and it shows the preponderance of the applicant’s service was honorable.  

3.  The battery and battalion commanders recommended the applicant’s discharge with an honorable characterization of service.

4.  The record shows the proper discharge and separation authority procedures were followed in this case.

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to honorable.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:   Records Review  	Date: 	12 June 2013         Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  			No



Board Vote:
Character  	Change:  5 	No Change:  0
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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
Other:						NA



























































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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130001286		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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