IN THE CASE OF:  	Mr. 

      BOARD DATE:  	26 March 2014

      CASE NUMBER:  	AR20130012335
___________________________________________________________________________

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 is requesting his discharge be upgraded to honorable because he is trying to become a police officer in the State of Texas.  In order to become certified, he must have received an honorable discharge.  He was discharge because he failed to pass his Army Physical Fitness Test (APFT).  He passed the sit ups and push-ups fine but he failed the run two or three times in a row.  Since his discharged, he has gotten in shape and runs every day.  He does not want any benefits from an upgrade other than becoming a certified peace officer in the State of Texas.  He never had any kind of bad conduct in his short military career and never failed any test other than his APFT.  He was admitted to the hospital for some mental issues.   He has since had all of that taken care of and hadn’t had any problems since.  He believes because he never had any bad conduct at all, his discharge should be upgraded.  Becoming a police officer is his dream and this is the only thing standing in his way. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 July 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			21 October 2010
d. Reason/Authority/SPD/RE:		Physical Standards, AR 635-200, Chapter 13, 							Paragraph 13-2e, JFT, RE-3
e. Unit of assignment:			Forward Support Company, 326th Engineer Battalion. 					101st Sustainment Brigade (Rear) (Provisional), Fort 						Campbell, KY
f. Current Enlistment Date/Term:  	3 November 2009, 3 years, 27 weeks
g. Current Enlistment Service:  	11 months, 19 days
h. Total Service:			11 months, 19 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	91B10, Wheeled Vehicle Mechanic
m. GT Score:				83
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:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 3 November 2009, for a period of 3 years and 27 weeks.  He was 19 years old at the time of entry and a high school graduate.  He was stationed at Fort Campbell, KY, when the discharge was initiated.  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 on 7 October 2010, 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 Army Physical Fitness Tests.  

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

3.  On 12 October 2010, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, waived an appearance before an administrative board even though he was not entitled to one, and did not submit a statement on his 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 a general, under honorable conditions discharge.  

4.  On 15 October 2010, 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 21 October 2010, with a characterization of service of general, under honorable conditions, under the provisions of Chapter 13, with an SPD code of JFT and a reentry code of 3.

6.  The applicant’s service record does not contain any period of AWOL or lost time.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

Numerous Counseling statements covering the period 25 May 2010 through 28 September 2010, for failing two record APFTs, being flagged, being admitted to a medical center for suicidal intentions (10 days), for failing to report, Chapter 13 notification, for not turning in all of his TA 50, debt avoidance, and medication counseling. 

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293 and DD Form 214.




POST-SERVICE ACTIVITY: 

The applicant states that he is trying to become a police officer in the State of Texas.

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 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.

3.  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 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, 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 that he is requesting his discharge be upgraded to honorable because he is trying to become a police officer in the State of Texas.  In order to become certified, he must have received an honorable discharge.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities

5.  The applicant contends he never had any kind of bad conduct in his short military career and never failed any test other than his APFT.  He was admitted to the hospital for some mental health issues and they were taken care of and he has had no other problems since.  A review of the commander’s notification letter of intent to separate the applicant from the Army shows that not only did he fail two record APFTs; he demonstrated an unwillingness to train by informing professionals at Adult Behavioral Health of his suicidal intentions if he remained in the United States Army, he couldn’t carry a weapon which puts him in a non-deployable status, failed to report on divers occasions and had disrespected a noncommissioned officer. 

6.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with his overall service record.  

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

8.  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:  26 March 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)		AR20130012335



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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