IN THE CASE OF:  	

      BOARD DATE:  	6 February 2015

      CASE NUMBER:  	AR20140003607
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the examiner’s Discussion and Recommendation which follows, the Board determined that the applicant's service and the circumstances surrounding the discharge (no derogatory information) were not significantly meritorious to overcome the events that caused his separation from the Army, and as a result, the discharge was found to be proper and equitable.  The Board voted to deny the relief requested because it found the nature of the applicant's inability to successfully pass the Army Physical Fitness Test does not warrant the award of an honorable characterization of service.  

2.  However, regulations currently in effect provide the reason for the applicant’s discharge as Physical Standards, authority AR 635-200, Chapter 13, Paragraph 13-2e, 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 to his general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, he would like to attend college using the GI Bill.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			21 February 2014
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				24 January 2014
d. Reason/Authority/SPD/RE Code:		Unsatisfactory Performance, AR 635-200
Chapter 13, JHJ, RE-3
e. Unit of assignment:				C Company, 40th Expeditionary Signal
      Battalion, Fort Huachuca, AZ
f. Current Enlistment Date/Term:		29 December 2009/5 years, 32 weeks
g. Current Enlistment Service:		4 years, 26 days
h. Total Service:				4 years, 26 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		25B10, IT Specialist
m. GT Score:					109
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			AGCM, NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		N/A
s. Performance Ratings:			N/A
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 29 December 2009, for a period of 5 years and 32 weeks.  He was 18 years old at the time of entry and a high school graduate.  He completed 4 years and 26 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Huachuca, Arizona.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 26 November 2013, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 13, by reason of unsatisfactory performance specifically for failing two consecutive Army Physical Fitness Tests (APFT) within a 90-day period. 

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

3.  On 27 November 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.    

4.  On 3 December 2013, 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 U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 24 January 2014, with a characterization of service of general, under honorable conditions.

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 between 8 July 2013 and 9 October 2013, for APFT failure and initiation of separation processing.  

2.  Four DA Forms 705 (Army Physical Fitness Test Scorecard), dated between 3 July 2013 and 1 November 2013, reflect applicant failed four record APFTs.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 18 February 2014, and a DD Form 214 covering the period of service under review.

POST-SERVICE ACTIVITY: 

None was 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.

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 issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons:  

	a. quality:  the applicant was awarded the Army Good Conduct Medal (AGCM) for exemplary behavior, efficiency, and fidelity while on active duty, and

	b. length:  the applicant completed 4 years and 26 days of his 5 years, and 32 weeks enlistment; thus the preponderance of his service was honorable.
	
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 record shows the proper discharge and separation authority procedures were followed in this case.

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant 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.   

BOARD DETERMINATION AND DIRECTED ACTION

1.  After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the examiner’s Discussion and Recommendation, the Board determined that the applicant's service and the circumstances surrounding the discharge (no derogatory information) were not significantly meritorious to overcome the events that caused his separation from the Army, and as a result, the discharge was found to be proper and equitable.  The Board voted to deny the relief requested because it found the nature of the applicant's inability to successfully pass the Army Physical Fitness Test does not warrant the award of an honorable characterization of service.  

2.  However, regulations currently in effect provide the reason for the applicant’s discharge as Physical Standards, authority AR 635-200, Chapter 13, Paragraph 13-2e, with the corresponding separation code of JFT.   

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  6 February 2015     Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Board Vote:
Character Change:   2	No Change:  3
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:		No Change
Change Reason to:				Physical Standards
Change Authority for Separation:		AR 635-200, Chapter 13, Paragraph 13-2e
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						Change SPD Code to 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)		AR20140003607



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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