IN THE CASE OF:  	Ms. 

      BOARD DATE:  	17 July 2013

      CASE NUMBER:  	AR20130002881
___________________________________________________________________________

Board Determination and Directed Action

1.  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 quality of the applicant’s 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.  

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 an upgrade of her general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, that she was discharged for failing consecutive PT tests.  While out processing she was told not to accept anything less than an honorable discharge.  Since her discharge she has faced difficulties and thinks the discharge was an error because she was told not to accept the discharge because other PT failures in the same company received honorable discharges.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 February 2013			
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			10 October 2012	
d. Reason/Authority/SPD/RE Code:	Unsatisfactory Performance, AR 635-200,        								Chapter 13, JHJ, R-3	
e. Unit of assignment:			F Company, 309th Military Intelligence Battalion,   						Fort Huachuca, Arizona			
f. Current Enlistment Date/Term:	19 September 2011, 3 years, 33 weeks
g. Current Enlistment Service:	1 year, 22 days
h. Total Service:			1 year, 22 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	35M10, Human Intelligence Collector 
m. GT Score:				98
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 19 September 2011, for a period of 3 years and 33 weeks.  She was 20 years old at the time of entry, a high school graduate, and completed    1 year, 22 days of active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 1 October 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 three consecutive record PT tests within the 90 day period, between 17 July 2012 and 10 August 2012.

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

3.  On 1 October 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  On 1 October 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance, a Separation Program Designator code (SPD) of JHJ, and an RE code of 3.  The applicant was not transferred to the U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 10 October 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.  Two negative counseling statements dated between 17 July 2012 and 7 September 2012, for failing the Army Physical Fitness test, and a copy of her discharge proceedings.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 with a self authored statement, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided by the applicant.

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 her discharge was carefully considered.  

2.  After examining the applicant’s record of service, her military records, and the issues submitted with the application, based on the applicant’s overall record of service and current standards, there are mitigating factors to merit an upgrade of the applicant's discharge to a characterization of honorable.  

	a.  the unit commander recommended the applicant receive an honorable discharge;
	b.  there is no other derogatory information contained in the applicant’s record. 

3.  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).   

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 relief in the form of an upgrade of the characterization of service to honorable.  

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










SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

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

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  5	No Change:  0
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:	Honorable
Change Reason to:			Physical Standards
Change Authority for Separation:	AR 635-200, Chapter 13-2e
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					Separation Code of 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)		AR20130002881



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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