IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 May 2014

      CASE NUMBER:  	AR20130015636
___________________________________________________________________________

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 examiner’s 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; he was discharged for the sole reason of failing to meet the minimum standards of the APFT and that his service record does not contain any other derogatory information.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.  

2.  Further, regulations currently in effect provide the reason for the applicant’s discharge as physical standards.  Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to Physical Standards with the corresponding separation code of JFT.


      
      
      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 discharge only for failing to pass the APFT test and therefore his discharge should be upgrade to honorable.  He contends he did his best to maintain and improve his physical fitness including his participation in remedial PT; unfortunately he was unable to pass the run portion of the APFT.  He performed all his duties to Army standards and was always professional.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		23 August 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			28 November 2012
d. Reason/Authority/SPD/RE:		Unsatisfactory Performance, AR 635-200, Chapter 						13, JHJ, RE-3
e. Unit of assignment:			545th MP CS, Joint Base Elmendorf-Richardson, AK
f. Current Enlistment Date/Term:  	25 January 2011, 5 years
g. Current Enlistment Service:  	1 year, 10 months, 4 days
h. Total Service:			2 years, 3 months, 20 days (The DD Form 214 under 						review indicates the applicant had 1 month and 15 						days of prior inactive service; however, based on the 						applicant's enlistment contract it should read 5 							months and 16 days.)
i. Time Lost:				None
j. Previous Discharges:		USAR-100809-110124/NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	31B10, Military Police
m. GT Score:				102
n. Education:				13 years
o. Overseas Service:			Alaska
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 25 January 2011, for a period of 5 years.  He was 22 years old at the time and had 13 years of education.  He was serving at Joint Base Elmendorf-Richardson, AK when his discharge was initiated.  The record does not contain any evidence of acts of valor or meritorious achievements.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 5 September 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 consecutive Army Physical Fitness Tests (APFT).

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

3.  On 12 September 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  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 28 November 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, paragraph 13, AR 635-200, for unsatisfactory performance, with a Separation Program Designator code (SPD) of JHJ 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:

Three negative counseling statements dated between 17 January 2012 and 27 June 2012, for failing the APFT and recommendation for a bar to reenlistment.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and four letters of support.

POST-SERVICE ACTIVITY: 

None were provided with the 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.

ANALYST’S 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 record confirms the applicant was discharged for the sole reason of failing to meet the minimum standards of the APFT.  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.  Furthermore, regulations currently in effect list the reason for the applicant’s discharge as “physical standards.”  Accordingly, it is also recommended that the narrative reason for separation be changed to “physical standards,” on the basis of equity, with a corresponding separation code of JFT.   


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review        Date:  21 May 2014          Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Observers/Witnesses:  NA

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	5	No Change:  0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			Physical Standards
Change Authority for Separation:	AR 635-200, Chapter 13-2e
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) code JFT



















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)		AR20130015636



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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