IN THE CASE OF:  	

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130007900
___________________________________________________________________________

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 to change the narrative reason for separation and the reentry code on his DD Form 214.

2.  The applicant states, in effect, that he was discharged for failing a PT test.  Each PT test he took after the end of his physical profile showed improvement, and ultimately he passed the last PT test.  By then he was informed that it was too late, and he had failed too many times.  He just wants to change his discharge in an effort to serve again and provide for his family and serve his country.  In all other areas, he was a good Soldier and he would like a second chance to serve. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 April 2013
b. Discharge received:			Honorable
c. Date of Discharge:			3 November 2010
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, AR 635-200, Chapter 			       		           13, JHJ, RE-3
e. Unit of assignment:			135 FSC, 188 BSB, Fort Bragg, NC
f. Current Enlistment Date/Term:	26 July 2007, 3 years and 20 weeks/Extended current 					enlistment 23 months to 12 November 2012  
g. Current Enlistment Service:  	3 years, 3 months, 8 days
h. Total Service:			3 years, 3 months, 8 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92G10, Food Service Operations Specialist
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		ARCOM-2, AAM-3,NDSM, GWOTSM, 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 26 July 2007 for a period of 3 years and          20 weeks.  He was 17 years old at the time of entry and a high school graduate.  He served at Fort Bragg, NC.  He earned 2 ARCOMs, 3 AAMs, NDSM, and a GWOTSM.  He completed 3 years, 3 months, and 8 days of total active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 21 September 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 for failing four consecutive record APFTs on 22 January 2010, 5 April 2010, 23 June 2010, and 27 August 2010; for lying to an NCO on 
18 August 2008; and for stealing 10 pounds of ground beef from the DFAC on 14 August 2008.  

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

3.  On 28 September 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in his own behalf.  The unit commander subsequently recommended retaining the applicant on active duty.  

4.  On 12 October 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of honorable.   

5.  The applicant was discharged from the Army on 3 November 2010, with a characterization of service of honorable 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.  Article 15, dated 14 October 2008, stealing 10 pounds of ground beef, valued at $20.00 (080814), and making a false official statement to an NCO (080818).  The punishment consisted of reduction to E-1, forfeiture of $314.00, extra duty for 14 days, and restriction for 14 days (CG).  

2.  Military Police Report, with allied documents, dated 18 August 2008, that indicates the applicant was the subject of an investigation for the offense of larceny of government property (not funds or weapons), commissary items/$100.00 or over.  The documents contained a sworn statement from the applicant, reflecting his admission of guilt, for stealing a 10 pound bag of ground beef.  The sworn statement was dated 8 August 2008,

3.  One negative counseling statement dated 18 August 2008, for larceny and wrongful appropriation of goods and four addressing APFT failure.

4.  Four negative counseling statements dated 7 April 2010, 23 June 2010, 19 July 2010, and 27 August 2010, reflecting the appellant’s failure of APFT’s on these dates.

5.  Two DA Form 705’s reflecting the appellant’s APFT failures on the following dates:  
22 January 2010, 5 April 2010, 23 June 2010, and 27 August 2010. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, dated 26 April 2013, and a DD Form 214.   

POST-SERVICE ACTIVITY: 

None provided with the 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.  

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.

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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the reason of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the narrative reason for separation.  

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 the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service; however, the separation authority directed that the appellant receive 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 rationale the applicant provided as the basis for why he believes the narrative reason for separation should be changed is not supportable by the evidence contained in the record and can only be viewed as speculative in nature.

5.  The applicant desires to rejoin the military service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the narrative 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: 1 November 2013    Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Board Vote:
Character Change:  0	No Change:  5
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)		AR20130007900



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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