IN THE CASE OF:	Mr. 

      BOARD DATE:	21 February 2014

      CASE NUMBER:	AR20130012282
___________________________________________________________________________

Board Determination and Directed Action

1.  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 the overall quality of the applicant’s service and his combat service, 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.  





      
      
      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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable.  

2.  The applicant states, in effect, during his military career, he always strived to do his best in whatever position he served in—he has held a position two grades above his own while serving as NCOIC of a regimental section in Iraq.  He has never received a disciplinary action, nor has he received a bad NCOER.  He received the general, under honorable conditions discharge because he could not fulfill his military commitment—he could not physically pass an APFT due to his medical condition for his back. 

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 June 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	27 June 2012
	d.	Reason/Authority/SPD/RE Code:	Physical Standards, AR 635-200, Paragraph 13-2e, 
			JFT, RE-3
	e.	Unit of assignment:	HHB, 6th ADA Bde, Fort Sill, OK
	f.	Current Enlistment Date/Term:	2 October 2009, 6 years
	g.	Current Enlistment Service:	2 years, 8 months, 26 days
	h.	Total Service:	9 years, 2 months, 25 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (030403-050704) / HD
			RA (050705-091001) / HD
	k.	Highest Grade Achieved:	E-5
	l.	Military Occupational Specialty:	14G20, Air Defense Battle Management System 
			Operator
	m.	GT Score:	112
	n.	Education:	13 years
	o.	Overseas Service:	Korea, SWA, Egypt
	p.	Combat Service:	Iraq (071103-081101), Egypt (050828-051014)
	q.	Decorations/Awards:	ARCOM; AAM-4; AGCM-2; NDSM; ICM-CS; 
			GWOTSM; KDSM; NPDR; ASR; OSR-2
	r.	Administrative Separation Board: 	No, waived
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 3 April 2003, and reenlisted twice thereafter.  The latter reenlistment was on 2 October 2009, for a period of 6 years.  He was 26 years old at the time of entry and at the time of his reenlistment, he had over a year of college.  He served in Iraq, Egypt, and Korea.  He earned an ARCOM and four AAM awards.  He completed 9 years, 2 months, and 25 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 17 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 for failing three Record Army Physical Fitness Tests between July 2011 and March 2012.

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

3.  On 20 April 2012, the applicant waived consulting with legal counsel, indicated he understood the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  There is no record of an intermediate commander’s recommendation.  

4.  On 23 April 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  The applicant was not transferred to the US Army Reserve Control Group.

5.  The applicant was discharged from the Army on 27 June 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, paragraph 13-2e, AR 635-200, for physical standards, with a Separation Program Designator code (SPD) of JFT and an RE 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 negative counseling statements, dated 26 March 2012 x2 and 6 January 2012, for being recommended for separation for unsatisfactory performance due to multiple APFT failures;  missing formations, disobeying orders, fighting with other Soldiers, and assault.

2.  One NCOER covering the period of 30 September 2009 to 29 September 2010 (Annual), during period under current review.  The applicant was rated as “Among the Best” and received 1/1 from the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review.


POST-SERVICE ACTIVITY: 

The applicant provided none.  

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, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable; 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 and it shows the preponderance of the applicant’s service was honorable.  He earned an ARCOM, AAM-4, AGCM-2, and served over 14 months of combat tours in Iraq and Egypt.

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:  21 February 2014       Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  Yes [redacted]

Witnesses/Observers:  NA 

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:	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)		AR20130012282

Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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