IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 February 2014

      CASE NUMBER:  	AR20130010072
___________________________________________________________________________

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 a change to the narrative reason for separation.

2.  The applicant did not submit any issues of equity or propriety to be considered by the board.    
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 May 2013
b. Discharge received:			Honorable 
c. Date of Discharge:			19 December 2012
d. Reason/Authority/SPD/RE:		Physical Standards, AR 635-200, Chapter 13, 							paragraph 13-2e, JFT, RE-3
e. Unit of assignment:			HHC, 1-12 Cav Reg, 3rd Bde, 1st Cav, Ft. Hood, TX 
f. Current Enlistment Date/Term:  	3 November 2011, 4 years
g. Current Enlistment Service:  	0 years, 1 month, 17 days
h. Total Service:			4 years, 6 months, 15 days
i. Time Lost:				0 days
j. Previous Discharges:		RA/080605-111102/HD 
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	13F10, Fire Support Specialist 
m. GT Score:				101
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (091213-101209)
q. Decorations/Awards:		ICM-2-CS, AGCM, NDSM, GWOTSM, ASR, OSR
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 5 June 2008 for a period of 3 years and 
17 weeks.  He was 18 years old at the time of entry and had received his GED.  He served a combat tour in Iraq.  The applicant’s record does not document any acts of valor or significant achievements.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that 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 record Army Physical Fitness Tests on 25 April 2012, and 13 August 2012.  


2.  The unit commander recommended an honorable discharge and advised the applicant of his rights.  

3.  On 1 December 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own 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.  On 4 December 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of honorable conditions.  The applicant was not transferred to the US Army Individual Ready Reserve.  

5.  The applicant was discharged from the Army on 19 December 2012, with a characterization of honorable conditions, under the provisions of Chapter 13, with an SPD code of JFT and a reentry 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 APFT Score Cards (DA Form 705), dated 19 April 2012, and 13 August 2012, reflecting the applicant’s failure of the record APFTs on both dates.

2.  Two negative counseling statements dated 25 April 2012 and 13 August 2012, for failing the APFT (two occasions), and notification of the initiation of discharge proceedings. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application which did not indicate the basis for his request; a DD Form 214; and a copy of his discharge packet. 

POST-SERVICE ACTIVITY: 

None were provided.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13-2e states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations that 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 a change to the narrative reason for his separation 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 a change to the reason for separation.  

2.  After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are no mitigating factors to merit a change to the narrative reason for discharge.  

3.  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.  

4.  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.  

5.  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:  7 February 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

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)		AR20130010072



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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