IN THE CASE OF:  	Mr. 

      BOARD DATE:  	31 July 2013

      CASE NUMBER:  	AR20130003953
___________________________________________________________________________

Board Determination and Directed Action


1.  After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation which follows, the Board determined the characterization of service is too harsh and as a result it is inequitable based on the following reasons:

     a.  overall length and quality (i.e., ARCOM, AAM, and AGCM) of the applicant’s service to include his combat service and his DD Form 214 shows he completed 6 years, 4 months and 14 days of active military service.

     b.  the unit commander’s memorandum indicated the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT) and the record did not contain any other derogatory information.  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 his general, under honorable conditions discharge be upgraded to honorable and a change to the narrative reason for separation.

2.  The applicant states, in effect, during his six years of service he earned an ARCOM, AAM and AGCM; also deployed to Afghanistan.  His discharge is inequitable and should be upgraded to honorable.  He did not receive any discipline for infractions or any Article 15s during his enlistment.  He was discharged for failing to meet physical training (PT) test standards.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 February 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			19 November 2012
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, AR 635-200, Chapter 						13, paragraph 13-2e, JHJ, RE-3
e. Unit of assignment:			252nd Military Police Detachment, 92nd Military 						Police Battalion, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:	6 July 2006, 5 years; the immediate reenlistment 						contract is not contained in the available record and 						his DD Form 214 shows he completed his first full 						term of service
g. Current Enlistment Service:  	6 years, 4 months, 14 days
h. Total Service:			6 years, 4 months, 14 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	31B10, Military Police
m. GT Score:				100
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (090601-100529)
q. Decorations/Awards:		ARCOM, AAM, AGCM, NDSM, ACM-W/2 CS 							GWOTSM, ASR, OSR, NATO MDL
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		NIF
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 6 July 2006 for a period of 5 years.  He was 18 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 31B10, Military Police.  The immediate reenlistment contract is not contained in the available record.  His record also shows he served a combat tour and earned several awards including an ARCOM, AAM, and AGCM.  He achieved the rank of SPC/E-4.  He was serving at Fort Leonard Wood, MO, when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant submitted the unit commander’s recommendation memorandum which shows 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 three consecutive Army Physical Fitness Tests (APFTs).

2.  The applicant’s service record is void of the complete 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 digital signature.  

3.  The DD Form 214 indicates on 19 November 2012, the applicant was discharged under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance, with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JHJ and a reentry (RE) code of 3.  

4.  The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  He was promoted to E-4 in July 2010 and was separated as a SPC/E-4.

5.  On 1 November 2012, DA U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO, Orders Number 306-1323, discharged the applicant from the Army effective 19 November 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The available record did not contain any relevant information other than the DD Form 214 and Discharge Orders.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; unit commander’s recommendation memorandum, three pages; ARCOM Citation; AAM Citation; AAM Orders 339-03; Certificate of Training; Memorandum, Certification of Military Working Dogs (MWD) Teams, two pages; Honorable Discharge Certificate; Oath of Reenlistment; Discharge Orders 306-1323; and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his 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.

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFT" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, physical standards

6.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFT" will be assigned an RE Code of 3.

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 which merit an upgrade of the applicant's discharge to honorable for the following reasons:  

     a.  overall length and quality (i.e., ARCOM, AAM, AGCM) of the applicant’s service to include his combat service and his DD Form 214 shows he completed 6 years, 4 months and 14 days of active military service

     b.  the unit commander’s memorandum indicates the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT) and the record did not contain any other derogatory information

3.  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.  

4.  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:  31 July 2013        Location:  Washington, DC

Did the Applicant Testify:  NA 

Counsel:  NA

Board Vote:
Character Change:  3	No Change:  2
Reason Change:	3	No Change:  2
(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
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					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)		AR20130003953



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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