IN THE CASE OF:  	

      BOARD DATE:  	25 October 2013

      CASE NUMBER:  	AR20130008395
___________________________________________________________________________

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 characterization of service was too harsh based on the record confirms that the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT), the unit commander recommended an honorable discharge, the record does not contain any other derogatory information, 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.  The Board determined the reason for discharge was both 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 her general, under honorable conditions discharge be upgraded to honorable. 

2.  The applicant states, in effect, that she would like an upgrade to her discharge because she only failed the run event of the APFT.  She contends that she passed all her classes, stayed out of trouble, and did what was expected without question.  She states it has been over six months since her discharge.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			9 April 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				19 March 2012
d. Reason/Authority/SPD/RE Code:		Physical Standards, AR 635-300, Chapter
13-2e, JFT, RE-3
e. Unit of assignment:				369th Signal Battalion, Fort Gordon, GA
f. Current Enlistment Date/Term:		22 June 2011/4 years
g. Current Enlistment Service:		8 months, 28 days
h. Total Service:				8 months, 28 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					95
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM
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 22 June 2011 for a period of 4 years.  She was 19 years old at the time of entry and a high school graduate.  The record is void of any significant acts of valor or achievement.  She completed 8 months, and 28 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 29 February 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 13, specifically for two consecutive failures of the APFT.

2.  Based on the above, the commander recommended an honorable discharge.

3.  On 29 February 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  On 6 March 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 separated on 19 March 2012, under Army Regulation 635-200, Chapter 13-2e, for physical standards, with a general, under honorable conditions discharge, a SPD code of JFT, and an RE code of 3.

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Two counseling statements dated 1 December 2011 and 19 January 2012 regarding the applicant’s failure of the end of course (EOC) APFT.

2.  There is no other derogatory information contained in the applicant’s AMHRR.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, (Application for the Review of Discharge from the Armed Forces of the United States), dated 9 April 2013.

POST-SERVICE ACTIVITY: 

None provided by the applicant in support of the application. 

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation 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 her discharge was carefully considered.  

2.  After examining the applicant’s record of service, her military records, the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant’s discharge to honorable.  The record confirms the applicant was discharged for the sole reason of failing to meet the minimum standards of the APFT, the unit commander recommended the characterization of service be honorable and the service record does not contain any other derogatory information.  

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:  25 October 2013            Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Board Vote:
Character Change:  5	No Change:  0
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:		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)		AR20130008395



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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