IN THE CASE OF:  	

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130006503
___________________________________________________________________________

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 applicant was discharged for the sole reason of failing to meet the minimum standards of the APFT; his  service record does not contain any other derogatory information, and he earned the rank of SPC/E-4 while serving 2 years, 11 months, and 23 days of active duty 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 his discharge from general, under honorable conditions to honorable and a change to the narrative reason for discharge.

2.  The applicant states, in effect, he was unjustly discharged.  He contends he does not agree with the decision and reason for separation.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 April 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			15 July 1999
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, AR 635-200, Chapter 
      13, JHJ, RE-3
e. Unit of assignment:			B Co, 201st FSB, Vilseck, APO AE
f. Current Enlistment Date/Term:	23 July 1996, 5 years
g. Current Enlistment Service:  	2 years, 11 months, 23 days
h. Total Service:			2 years, 11 months, 23 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	35F10, Special Elect Dev Repr
m. GT Score:				123
n. Education:				HS Graduate
o. Overseas Service:			Germany
p. Combat Service:			None
q. Decorations/Awards:		ASR
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 23 July 1996, for a period of 5 years.  He was 19 years old at the time of entry and a high school graduate.  He served in Germany.  His record of service does not show any significant achievements or acts of valor.  When his discharge proceedings were initiated, he was serving in Germany.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 22 June 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, paragraph 13-2, AR 635-200, by reason of unsatisfactory performance for failing three consecutive Army Physical Fitness Tests.

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

3.  On 23 June 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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 not transferred to the U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 15 July 1999, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance, with a Separation Program Designator code (SPD) of JHJ 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:

1.  The applicant's record does not contain any recorded action under the UCMJ.

2.  Thirty-Five positive/negative counseling statements dated between 31 March 1998 and    23 April 1999 relating to monthly performance, promotion, failing to obtain driver's license, failing to obey a lawful directive, loss of ration card, disrespect to a noncommissioned officer, and APFT failures.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a copy of his DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

None 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 for the following reasons:  

	a.  the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT);  

      b.  the service record does not contain any other derogatory information
      
      c.  he earned the rank of SPC/E-4 while serving 2 years, 11 months, and 23 days of active duty service

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.  

5.  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:  18 September 2013   Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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:		Corresponding Separation Code to JFT
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)		AR20130006503



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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