IN THE CASE OF:  	Ms. 

      BOARD DATE:  	12 August 2013

      CASE NUMBER:  	AR20130002469
___________________________________________________________________________

Board Determination and Directed Action

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

2.  Further, regulations currently in effect provide the reason for the applicant’s discharge as physical standards.  Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to Physical Standards with the corresponding separation code of JFT.  




      
      
      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 her characterization of service from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that during AIT, she received three Article 15 punishments. Two of them were for “smoking out of phase,” and the other one was for underage drinking.  She was discharged for failing her record APFT.  She received a general discharge as opposed to an honorable discharge, because of her misconduct.  However, her DD Form 214 does not indicate any Article 15s, as her discharge had nothing to do with them.  She completed her Article 15 punishments, as well as, paying money.  She feels she should not continue to be punished for her actions.  She is having a hard time finding a job and going back to school with a general discharge, and feels it should be honorable, because her discharge was for failing the APFT.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	22 January 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	6 December 2013
	d.	Reason/Authority/SPD/RE Code:	Unsatisfactory Performance, AR 635-200, Chapter 13, 
			JHJ, RE-3
	e.	Unit of assignment:	B Co, 309th MI Bn, Fort Huachuca, AZ
	f.	Current Enlistment Date/Term:	28 February 2012, 3 years, 31 weeks
	g.	Current Enlistment Service:	9 months, 9 days
	h.	Total Service:	9 months, 9 days 
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	None
	m.	GT Score:	109
	n.	Education:	HS Graduate
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM
	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 28 February 2012, for a period of 3 years and 31 weeks.  She was 18 years old at the time of entry and a high school graduate.  Her record documents no acts of valor or significant achievement.  She had completed 9 months and 9 days of active duty service when she was discharged from Fort Huachuca, AZ.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 27 November 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 her record APFT (120910), and failing her second consecutive record APFT (121003) in 90 days.

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

3.  On 28 November 2012, the applicant waived consulting with legal counsel, indicated she understood the impact of the discharge action, and did not submit statement on her 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 with a general, under honorable conditions discharge.  

4.  On 29 November 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 not transferred to the U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 6 December 2012, 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, for period 10 September 2012 and 3 October 2012, both indicating “Record APFT - Fail” results.

2. DA Form 705, Army Physical Fitness Test Scorecard, for each monthly period from 12 May 2012 through 7 August 2012, all indicating “ DIAG APFT - Fail” results. 

3.  Article 15, dated 26 September 2012, for disobeying lawful order x 2 by possessing and consuming alcoholic beverages while under the legal age of 21 (120729) and by bringing alcohol beverages into a certain area (120729).  The punishment consisted of forfeiture of $745 per month for one month and 10 days of extra duty, (FG).  

4.  Article 15, dated 16 July 2012, for disobeying lawful order by wrongfully using tobacco while under Phase IV status (120703).  The punishment consisted of forfeiture of $347 per month for one month, 14 days of extra duty and restriction, (CG). 

5.  Summarized Article 15, dated 20 June 2012, for disobeying lawful order x 2 by wrongfully smoking tobacco products inside the barracks (120602), and using tobacco while under Phase IV status (120602).  The punishment consisted of 14 days of extra duty and restriction, (CG).  
6.  Five negative counseling statements dated between 14 June 2012 and 6 November 2012, for failing APFT, graduation APFT failure, and processing of separation action.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of the separation notification memorandum, dated 27 November 2012.

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 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 having two consecutive failures of the Army Physical Fitness Test.  The reason for discharge will be shown as physical standards.  

3.  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 her discharge was carefully considered.  However, after examining the applicant’s record of service, her 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.  Although the record confirms the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT), the record further confirms that the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance and incidents of misconduct, the applicant diminished the quality of her service below that meriting an honorable characterization of service.  The incidents of misconduct brought discredit on the Army, and were prejudicial to good order and discipline.  The applicant’s record of service was marred by three Article 15 punishments for multiple violations of the Uniform Code of Military Justice and several negative counseling statements.

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 that her discharge and characterization of service was solely based on her APFT failures, and that her DD Form 214 does not mention the three Article 15 punishments; therefore, her discharge should reflect an honorable discharge.  However, as indicated at paragraph 2 and within the regulatory guidance of AR 635-200, the general, under honorable conditions discharge was issued to her, because her military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  Therefore, it is determined that the characterization of the applicant’s discharge is commensurate with her overall service record.  

5.  The applicant further contends she is having a hard time trying to find a job and going back to school with a general discharge.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   Accordingly, the record shows the proper discharge and separation authority procedures were followed in this case.

7.  However, the regulations currently in effect list the reason for the applicant’s discharge as “Physical Standards.”  Accordingly, it is recommended that the narrative reason for separation be changed to “Physical Standards,” on the basis of equity, with a corresponding separation code of JFT.  

8.  In view of the foregoing, the characterization of service being both proper and equitable, recommend the Board deny relief.  











SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance     Date:  12 August 2013     Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel:  None

Witnesses/Observers:  Applicant’s Mother and a Friend.

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted no additional documents or contentions.

In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  2	No Change:  3
Reason Change:	5	No Change:  0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			Physical Standards
Change Authority for Separation:	AR 635-200, Chapter 13, Paragraph 13-2e
Change RE Code to:		NA
Grade Restoration to:		NA
Other:  				Separation Program Designator (SPD) Code: JFT













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)		AR20130002469



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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