IN THE CASE OF:  	Mr.

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130007948
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation which follows, the Board determined the reason for separation is inequitable based on there being no derogatory information in his file.  Accordingly, the Board voted to grant partial relief in the form of changing the narrative reason for separation to Physical Standards, under provisions of AR 635-200, Chapter 13. The Board determined the reentry eligibility (RE) code was proper and equitable and voted not to change it.





      
      
      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 a change to the narrative reason for his discharge and the RE code.

2.  The applicant states, in effect, that he would like to be able to reenlist.  He was engaged at the time and was having personal problems with his fiancée.  The incident that happened was a one-time event.  He would like to finish what he started.  He was never over-weight and he met all body fat standards.  He realizes the military is downsizing but he still has a lot to offer.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 April 2013
b. Discharge received:			Honorable
c. Date of Discharge:			5 January 2013
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, AR 635-200, Chapter 						13, JHJ, RE-3
e. Unit of assignment:			579th Forward Support Company, 6th Battalion, 37th 						Field Artillery Regiment, 2 10th Fires Brigade, 2d 						Infantry Division, APO AP 96224
f. Current Enlistment Date/Term:  	11 October 2011, 3 years, 23 weeks
g. Current Enlistment Service:  	1 year, 2 months, 25 days
h. Total Service:			1 year, 2 months, 25 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	91D10, Power Generator Equipment Repairer
m. GT Score:				105
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, KDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 11 October 2011, for a period of three years and 23 weeks.  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.  At the time of his discharge he was serving Korea.  




SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s service record shows that on 27 November 2012, 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 29 November 2012, 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.  The intermediate commander reviewed the proposed action and recommended approval with an honorable conditions discharge.  

4.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of honorable.  The applicant was not transferred to the US Army Reserve Control Group.

5.  The applicant was discharged from the Army on 5 January 2013, with a characterization of service of honorable, 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 evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Three APFT cards.

2.  Three counseling statements covering the period 6 July 2012 through 28 November 2012, for failing the APFT and separation counseling.

EVIDENCE SUBMITTED BY THE APPLICANT 

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

POST-SERVICE ACTIVITY: 

None provided.

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 Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance. 

3.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHH" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason and RE code 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 changing the narrative reason and Re code.  

2.  The applicant contends the incident that happened was a one-time incident with his fiancée.   However, the record confirms 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.  

3.  The applicant contends the narrative reason for the discharge should be changed.   The applicant was separated under the provisions of Chapter 13, AR 635-200 with an honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unsatisfactory Performance," and the separation code is "JHJ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

4.  The applicant desires to rejoin the Military Service.  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. 
5.  Therefore, the reason for discharge being both proper and equitable, recommend the board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  15 November 2013    Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character  	Change:  NA	No Change:  NA
Reason	Change:  4	No Change:  1
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	NA
Change Reason to:			Physical Standards
Change RE Code to:		No Change
Grade Restoration to:		NA
Change Authority for Separation:	AR 635-200, Chapter 13
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)		AR20130007948



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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