IN THE CASE OF:  	Mr. 

      BOARD DATE:  	15 May 2013

      CASE NUMBER:  	AR20130001356
___________________________________________________________________________

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 that the characterization of service was too harsh based on the overall length and quality of the applicant’s service and his combat service, 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 his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that he would like an upgrade of his discharge so he will be able to continue his education by using his GI Bill benefits that he paid into.  He contends he served for 4 1/2 years to include a deployment to Iraq.  He received no Article 15s and was discharged for only failing to meet physical training (PT) test standards.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 January 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			13 October 2012
d. Reason/Authority/SPD/RE:		Physical Standards, AR 635-200, Chapter 13, 							paragraph 13-2e, JFT, RE-3
e. Unit of assignment:			HHB, 2nd Bn, 1st ADA, APO AP
f. Current Enlistment Date/Term:	28 May 2008, 4 years and 40 weeks
g. Current Enlistment Service:  	4 years, 4 months, 16 days
h. Total Service:			4 years, 4 months, 16 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	14E10, Patriot Fire Control Operator
m. GT Score:				108
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (090722-100220)
q. Decorations/Awards:		AAM, AGCM, ICM-w/CS, NDSM, GWOTSM, KDSM, 						ASR, OSR-2, MUC
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 28 May 2008 for a period of 4 years and          40 weeks.  He was 19 years old at the time of entry and a high school graduate.  He served in Iraq and Korea.  He earned an AAM and an AGCM and completed 4 years, 4 months, and          16 days of total active duty service.





SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 5 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 for failing two Army Physical Fitness Test (APFT) on 22 November 2011 and 14 March 2012. 

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

3.  On 5 September 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

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 U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 13 October 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, paragraph 13-2e, AR 635-200, for physical standards, with a Separation Program Designator code (SPD) of JFT 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 no counseling statements or UCMJ actions in the record.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additional documents.

POST-SERVICE ACTIVITY: 

None were provided with the application.








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.

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 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.  He earned an AAM, AGCM and served a 14-month combat tour in Iraq.

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

4.  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:  15 May 2013           Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

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 Authority for Separation:	No Change
Change RE Code to:		No Change
Grade Restoration to:		NA
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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130001356



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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