IN THE CASE OF:  	Mr. 

      BOARD DATE:  	20 November 2013

      CASE NUMBER:  	AR20130006672
___________________________________________________________________________

Board Determination and Directed Action

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 length, quality of the applicant’s service and his combat 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.



      
      
      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, that he was unjustly discharged.  The applicant contends he was a good Soldier who stayed out of trouble with no negative actions against him.  He contends his failure of the APFT was the result of him having developed asthma while in the military.  He was denied a PCS, MOS change, Medical Board, profile and an honorable discharge.  He believes his unit aid station was too busy to see him for his running issues and if they had not been understaffed they may have noticed he had asthma.  Also if his leadership was decent enough and hard working in their own; he may be a SSG reenlisting or about to go to college without being denied promised benefits.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 April 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			27 September 2011
d. Reason/Authority/SPD/RE:		Physical Standards, AR 635-200, Chapter 13, 							paragraph 13-2e, JFT, RE-3
e. Unit of assignment:			58th EN Hvy Spt Bde, Fort Irwin, CA
f. Current Enlistment Date/Term:  	19 February 2009, NIF
g. Current Enlistment Service:  	2 years, 7 months, 9 days
h. Total Service:			5 years, 5 months, 28 days
i. Time Lost:				None
j. Previous Discharges:		USAR-060330-060822/NA										RA-060823-090218/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				113
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia, Korea
p. Combat Service:			Iraq (071016-081124)
q. Decorations/Awards:		AGCM, ICM-w/CS, NDSM, GWOTSM, KDSM, ASR, 						OSR-2, CMB
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 Army Reserve on 30 March 2006 and on 22 August 2006, he was discharged for enlistment in the Regular Army.  The applicant enlisted in the Regular Army on 23 August 2006, for a period of 4 years.  He was 18 years old at the time of entry and a high school graduate.  His DD Form 214 indicates that on 19 February 2009, the applicant reenlisted; however, documents to support the reenlistment were not found in the available record.  His record indicates he served a period of combat in Iraq and that he received several awards to include an AGCM and the CMB.  He was serving at Fort Irwin, CA when his separation was initiated.  He completed 5 years, 5 months, and 28 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 18 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, paragraph 13-2e, AR 635-200, by reason of unsatisfactory performance for failing to achieve the minimum standards during a record Army Physical Fitness Test (APFT) on 12 January 2011, and after being afforded ample opportunity to train and prepare for a re-test failed to meet the minimum standards for the second consecutive APFT on 9 March 2011.

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

3.  On 23 August 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated his intentions to submit a statement on his behalf which was not found in the record.  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.

5.  The applicant was discharged from the Army on 27 September 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, paragraph 13-2e, AR 635-200, for physical standards, with a Separation Program Designator code (SPD) of JFT 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 negative counseling statements dated between 13 January 2011, 10 March 2011, and 12 May 2011, for failing to pass the Company APFT 12 January 2011, 9 March 2011, and 11 May 2011.  

2.  A copy of the applicant's PA Form 70S APFT Scorecard.

3.  A Report of Mental Status Evaluation, which indicates the applicant, was diagnosed with depression and memory lapses or loss, by history and self-report.  The applicant was screened for PTSD and mild Traumatic Brain Injury (TBI); PTSD was negative and TBI was positive.  However, the medical authority determined the applicant could understand and participate in administrative proceedings, appreciate the difference between right and wrong and met medical retention requirements.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, self-authored statement, a copy of his AMHRR to include UCMJ discussion emails, copy of separation orders, dated 13 September 2011, copy of orders awarding the Combat Medical Badge, VA Medical Records, Disability Benefits Questionnaire (PTSD), and a copy of his DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

None were 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; the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT).  The service record does not contain any other derogatory information and it shows the preponderance of the applicant’s service was honorable.  He earned an AGCM, CMB and served a 13-month combat tour in Iraq.

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.























SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  20 November 2013     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

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

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
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)		AR20130006672



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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