IN THE CASE OF:  	

      BOARD DATE:  	25 October 2013

      CASE NUMBER:  	AR20130007169
___________________________________________________________________________

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 the discharge was both proper and equitable and voted to deny relief.




      
      
      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 desires to use his GI Bill to better his life and job choices in the future.  After years of honorable service his physical ability was deteriorating with health issues and he was unable to pass the PT test.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 April 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			6 June 2012
d. Reason/Authority/SPD/RE:		Physical Standards, Chapter 13-2e, JFT, RE-3
e. Unit of assignment:			24th Ordnance Company, 87th Combat Sustainment 						Support Battalion, Fort Stewart, GA
f. Current Enlistment Date/Term:  	16 September 2008, 4 years/medical waiver (080512)
g. Current Enlistment Service:  	3 years, 8 months, 21 days
h. Total Service:			4 years, 4 days
i. Time Lost:				None
j. Previous Discharges:		USAR (080513-080915)/NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	12N10, Horizontal Construction
m. GT Score:				108
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 16 September 2008, for a period of four years.  He was 19 years old at the time of entry and was a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 12N10, Horizontal Construction.  His record does not document any acts of valor or significant achievements.  He was serving at Fort Stewart, GA when his discharge was initiated.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 25 April 2012, 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 physical standards specifically for:

     a.  failing at least two record Army Physical Fitness Tests (APFTs)

     b.  failing to report on multiple occasions.

2.  The unit commander did not recommend a characterization of service and advised the applicant of his rights.  

3.  On 25 April 2012, the applicant waived 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.  On 18 May 2012, 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 6 June 2012, with a characterization of service of general, under honorable conditions.

6.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ).
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record shows he received eleven negative counseling statements dated between       26 June 2010 and 24 January 2012, for failing the record APFT on two occasions, being informed of the upcoming record APFT, failing to report on numerous occasions, being separated under Chapter 13, and poor duty performance.

2.  The record contains a Mental Status Evaluation, dated 13 July 2011 which indicated the applicant’s thinking process was clear.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, chronological record of medical care/medical documents (forty-four pages) and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.


REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13-2f 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.

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 document and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service.  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends after years of honorable service his physical ability was deteriorating with health issues and he was unable to pass the PT test.  The medical documents submitted with his application are acknowledged; however, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication or that the discharge was the result of any medical condition.

5.  The applicant desires to use his GI Bill to better his life and job choices in the future.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  The records show the proper discharge and separation authority procedures were followed in this case.  
8.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

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

Did the Applicant Testify:  No

Counsel:  None

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

Board Action Directed:
Issue a new DD Form 214:			No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
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)		AR20130007169



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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