IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 October 2013

      CASE NUMBER:  	AR20130008440
___________________________________________________________________________

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, that he was injured in basic training and diagnosed with stress fractures in his left leg and foot.  He contends that the injury persisted to the point that he was placed on convalescent leave to allow his injuries to heal and to go through rehabilitation.  He states when he was released from rehabilitation and cleared to continue training however, he still experienced pain and had difficulty training despite his best efforts.  He states he understands he is not eligible for any other benefits should his discharge be upgraded.  He contends he served with dignity and honor and deserves an honorable discharge for his service.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			29 April 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				26 February 2013
d. Reason/Authority/SPD/RE Code:		Unsatisfactory Performance, AR 635-200,
Chapter 13, JHJ, RE-3
e. Unit of assignment:				Retrain and Hold Unit, E Co, 30th AG BN
(Reception), Fort Benning, GA
f. Current Enlistment Date/Term:		9 July 2012/6 years
g. Current Enlistment Service:		8 months, 18 days
h. Total Service:				8 months, 18 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					103
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 9 July 2012 for a period of 6 years.  He was 18 years old at the time of entry and a high school graduate.  The record is void of any significant acts of valor or achievement.  He completed 8 months, and 18 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 11 March 2013, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 13, unsatisfactory performance, for refusing to train and lack of motivation, after being medically cleared to train.

2.  Based on the above, the commander recommended a general, under honorable conditions discharge.

3.  On 11 March 2013, the applicant waived his right to consult with legal counsel and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  The date the separation authority directed separation cannot be read however, 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 26 February 2013, under Army Regulation 635-200, Chapter 13, for unsatisfactory performance, with a general, under honorable, an SPD code of JHJ, 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.  Five counseling statements dated between 16 October 2012.  Four of the five counseling statements referred to the applicant’s refusal to train x 2, failure to show satisfactory performance, and a summary of two prior counselings regarding his unsatisfactory progress.  The fifth counseling statement was a reception and integration counseling in the fitness training unit.

2.  No other derogatory information was found in the applicant’s record.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided the following documents in support of his petition:

     a.  DD Form 149, (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) dated, 9 April 2013.
     b.  VA Form 21-4138, (Statement in Support of Claim), dated, 11 April 2013.

     c.  Memorandum for Record (MFR), Subject: VA Counseling Statement: General, Under Honorable/Non-Completing Enlistment dated, 15 January 2013.

     d.  Memorandum from CPT G, Headquarters, United States Army Medical Department Activity, Fort Benning, Georgia.

     e.  Three copies of DA Form 4856 dated, 9 January 2013, 25 February 2013, and 
28 September 2013.

     f.  Medical health records.

     g.  Orders 080-2216, Department of the Army, US Army Installation Management Command, Headquarters, United States Army Garrison, Fort Benning, Georgia, dated,
21 March 2013.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his 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.

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.  However, after examining the applicant’s record of service, his military records, the documents 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 the unsatisfactory performance and four negative counseling statements, 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 he was injured in basic training and diagnosed with stress fractures in his left leg and foot.  He contends that the injury persisted to the point that he was placed on convalescent leave to allow his injuries to heal and to go through rehabilitation.  He states when he was released from rehabilitation and cleared to continue training however, he still experienced pain and had difficulty training despite his best efforts.  He states he understands he is not eligible for any other benefits should his discharge be upgraded.  He contends he served with dignity and honor and deserves an honorable discharge for his service.

5.  The applicant’s service accomplishments and the quality of his service that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by his unsatisfactory performance and the multiple negative counseling statements.

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

7.  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:  Record Review       Date:  25 October 2013      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  Mr. Steven Kreitzer
                DeKalb County Veterans Assistance Commission
                2500 N. Annie Glidden Rd. Suite A
                DeKalb, IL 60115

Witnesses/Observers: NA

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:	NA
Change RE Code to:		NA
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)		AR20130008440



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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