IN THE CASE OF:  	Mr.

      BOARD DATE:  	4 October 2013

      CASE NUMBER:  	AR20130007017
___________________________________________________________________________

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 reason:

	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 an upgrade of his general, under honorable conditions to honorable.

2.  The applicant states, in effect, he was overweight when he first joined the Army, and he fought hard to get his weight under control.  He was discharged due to not being able to pass
the physical agility test.  He record does not have anything that is violent or reckless.  He would just like to have his discharge upgraded, so he can pursue government employment.   After being separated from the Army, it was rough trying to get back into the work force.  With hard work and determination, he has earned his bachelor’s degree and is currently pursuing his graduate’s degree with the hopes of gaining government employment.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 April 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			18 April 2001
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, AR 635-200, Chapter 						13, JHJ, RE-3
e. Unit of assignment:			HHD, 279th Base Support Battalion, APO AE 
f. Current Enlistment Date/Term:  	15 November 1999, 4 years
g. Current Enlistment Service:  	1 year, 5 months, 4 days
h. Total Service:			1 year, 5 months, 4 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	71L10, Administrative Specialist
m. GT Score:				98
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 15 November 1999, for a period of four years.  He was 19 years old at the time of entry and was a high school graduate.  The applicant’s record does not document any acts of valor or significant achievements.  




SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s service record shows that on 23 March 2001, 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 two consecutive Army Physical Fitness Tests.  

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

3.  On 28 March 2001, the applicant waived consulting 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.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

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 US Army Reserve Control Group.

5.  The applicant was discharged from the Army on 18 April 2001, with a characterization of service of general, under honorable conditions, under the provisions of Chapter 13, with an SPD code of JHJ and a reentry code of 3.

6.  The applicant’s service record does not contain any lost time.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

The record contains three counseling statements dated 27 June 2000, 17 October 2000, and 6 November 2000, for missing PT formation, being 15 minutes late for formation, being overweight and for failing the APFT.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided an online DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY: 

The appellant contends he earned his bachelor’s degree and is currently pursuing a graduate’s degree with the hopes of gaining government employment.

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

a. 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) 

b. and the record did not contain any major 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:  4 October 2013     Location:  Washington, DC

Did the Applicant Testify:  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  4	No Change:  1
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, Paragraph 13-2b
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					Separation Program Designator (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)		AR20130007017

Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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