IN THE CASE OF:  	Mr.

      BOARD DATE:  	2 April 2014

      CASE NUMBER:  	AR20130012024
___________________________________________________________________________

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 that the characterization of service was too harsh based on service of sufficient length, the applicant was discharged for the sole reason of failing to meet the minimum standards of the APFT, and the service record does not contain any other derogatory information.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board further 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 an upgrade of his discharge from general, under honorable conditions to honorable.

2.  The applicant states through counsel, in effect, that his discharge was improper and inequitable and that he is entitled to an honorable characterization of service under relevant Army Regulations.  He made good faith efforts to achieve compliance with Army fitness standards.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		24 June 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			18 May 2012
d. Reason/Authority/SPD/RE:		Physical Standards, Chapter 13-2e, AR 635-200, JFT, 					RE-3
e. Unit of assignment:			A Co, Special Troops Battalion, 2nd Heavy Brigade 						Combat Team, Fort Bliss, TX
f. Current Enlistment Date/Term:  	2 November 2010, 3 years and 32 weeks
g. Current Enlistment Service:  	1 year, 6 months, 17 days
h. Total Service:			1 year, 6 months, 17 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	35F10,Intelligence Analyst
m. GT Score:				119
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
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 2 November 2010, for a period of 3 years and 32 weeks.  He was 21 years old at the time and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 35F10, Intelligence Analyst.  His record does not contain any evidence of combat service and he did not earn any awards for acts of valor or meritorious achievements.  He was serving at Fort Bliss, TX when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence submitted by the applicant contained his discharge packet which indicated that on 18 April 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 consecutive Army Physical Fitness Tests (APFTs) on (111208, 120313).

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

3.  On 18 April 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions.  The applicant indicated he intended to submit a statement on his behalf which is not contained in the available record.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.

4.  On 4 May 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 discharged from the Army on 18 May 2012, with a characterization of service of general, under honorable conditions.

6.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost, or any action under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record did not contain any other relevant information.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, with Attorney’s Brief (five pages), Exhibit A, DD 214, Exhibits B & C, DA Forms 705 (AFPT Scorecard), Exhibit D, Chapter 13 Separation Packet, Exhibit E, DA Form 4856 (Developmental Counseling Form), Exhibit F, Enlistment Physical, and Regulations, AR 635-200, Chapter 3, pages 44-49 and Chapter 13, pages 97-99.

POST-SERVICE ACTIVITY:

The applicant did not provide any information with his application.

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 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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his military records, and the application he submitted, there are there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons:

     a.  service of sufficient length

     b.  the applicant was discharged for the sole reason of failing to meet the minimum standards of the APFT

     c.  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:  March 2014   Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  yes [redacted]

Witnesses/Observers:  NA

Board Vote:
Character Change:  4	No Change:  1
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:	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)		AR20130012024



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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