IN THE CASE OF:  	

      BOARD DATE:  	25 September 2013

      CASE NUMBER:  	AR20130006029
___________________________________________________________________________

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 the discharge was improper.  

2.  AR 635-200 requires initiation of separation action after two failures of a record APFT.  Although AR 635-200 doesn't prohibit initiation after the first failure, AR 350-1,           paragraph 1-24e(5) requires a retest within 90 days, if the Soldier is not limited by a profile.  A separate period for retest is prescribed where there is a profile affecting successful completion of the APFT events.  This clearly implies that separation will not be initiated based on failure of one record APFT.  The copy of the APFT card contained in the Soldier's separation packet and AMHRR states the first so-called record APFT in the notification of separation memorandum was actually a diagnostic APFT and has a profile noted in the comments section.  Therefore, the Board determined that the discharge was improper because it was based on a one-time record APFT failure.

3.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF."  



      
      
      
      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, he was issued a general under honorable conditions discharge for failing two Army Physical Fitness Tests (APFTs).  Both APFTs were supposed to be recorded as diagnostic PT tests due to him being on profile or recovery during the tests.  FM 21-20, pg 42, paragraph 2 states, a Soldier should take the regular 3-event APFT after the profile has expired.  After the expiration of a profile a Soldier must be given twice the length of the profile to train for the APFT.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 March 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			14 July 2010
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, Chapter 13, JHJ, RE-3
e. Unit of assignment:			D Battery, 2-1st Air Defense Artillery, Camp Carroll 						Republic of Korea
f. Current Enlistment Date/Term:  	25 July 2007, 4 years
g. Current Enlistment Service:  	2 years, 11 months, 20 days
h. Total Service:			2 years, 11 months, 20 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	14T10, Patriot Operator/Maintainer
m. GT Score:				114
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, KDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 25 July 2007, for a period of 4 years.  He was 21 years old at the time of entry and was a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 14T10, Patriot Operator/Maintainer.  His record does not document any acts of valor or significant achievements.  He was serving in Korea when his discharge was initiated.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 21 June 2010, 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:

     a.  failing a record APFT on 26 August 2009 

     b.  failing a second record APFT on 18 November 2009.

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

3.  On 22 June 2010, 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.  On 24 June 2010, 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 (IRR).

5.  The applicant was discharged from the Army on 14 July 2010, 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.  An Article 15 dated, 26 April 2010 for without authority, failing to go at the time prescribed to his appointed place of duty (100412); the punishment consisted of extra duty for 14 days and restriction for 14 days, (CG).

2.  He received four negative counseling statements dated 7 January 2010, 9 February 2010, 18 March 2010, and 26 April 2010, for failing to meet height and weight standards on numerous occasions.

3.  The record contains three memoranda dated 7 January 2010, 12 February 2010, and          7 April 2010, which indicated the applicant was enrolled in the weight control program. 

4.  The record also contains an approved Bar to Reenlistment, dated 14 January 2010.

5.  The record additionally contains five body fat content worksheets, dated 29 December 2009, 22 January 2010, 13 February 2010, 17 March 2010, and 21 April 2010.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, DA form 705 (Army Physical Fitness Test Scorecard), two DD Form 689s (Individual Sick Slip), Memorandum, Notification for Chapter 13 Separation, Support Statement, two pages, and a Self-Authored Statement, four pages.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his application.

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.  The regulation also stipulates that separation proceedings are required for Soldiers without medical limitations that have two consecutive failures of the APFT.

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 his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, the discharge appears to be improper.

2.  AR 635-200 requires initiation of separation action after two failures of a record APFT.  Although AR 635-200 doesn't prohibit initiation after the first failure, AR 350-1, paragraph 1-24e(5) requires a retest within 90 days, if the Soldier is not limited by a profile.  A separate period for retest is prescribed where there is a profile affecting successful completion of the APFT events.  This clearly implies that separation will not be initiated based on failure of one record APFT.  The copy of the APFT card contained in the Soldier's separation packet and AMHRR states the first so-called record APFT in the notification of separation memo was actually a diagnostic APFT and has a profile noted in the comments section.  Therefore, it appears the Chapter 13 based on a two-time record APFT failure was improper.  

3.  The records show the proper discharge and separation procedures were not followed in this case.


4.  Therefore, the discharge being improper, recommend the Board grant full relief in the form of an upgrade of a change to the characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF."  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review   Date:  25 September 2013   Location: Washington, DC

Did the Applicant Testify:  No 

Counsel:  No

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:  			Secretarial Authority
Change Authority for Separation:		AR 635-200, chapter 5, paragraph 5-3 
Change RE Code to:  			No Change	
Grade Restoration to:  			NA
Other:						Corresponding SPD code of JFF















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)		AR20130006029

Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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