AR20140000782

IN THE CASE OF: Ms.

BOARD DATE: 7 January 2015

CASE NUMBER: AR20140000782
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. Furthermore, regulations currently in effect list the reason for the applicants 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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of her discharge from general, under honorable conditions to honorable.

2. The applicant states, in effect, she was an exemplary Soldier in every aspect, except for her running ability. She was unable to meet the two mile standards due to injuries she sustained while on active duty. Furthermore, she was singled out after she made a sexual harassment complaint which led to mental health problems and lessened her abilities to pass the physical fitness test.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 31 December 2013
b. Discharge received: General, under honorable conditions
c. Date of Discharge: 2 May 2011
d. Reason/Authority/SPD/RE: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3
e. Unit of assignment: 95th Chemical Company, Joint Base Elmendorf Richardson, AK
f. Current Enlistment Date/Term: 13 November 2008, 3 years, 25 weeks
g. Current Enlistment Service: 2 years, 5 months, 20 days
h. Total Service: 2 years, 6 months, 11 days
i. Time Lost: None
j. Previous Discharges: DEP (081022-081112)
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 74D10, Chemical Operation Specialist
m. GT Score: 96
n. Education: College Graduate
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 13 November 2008, for 3 years and 25 weeks. She was 23 years old at the time of entry and a college graduate. She was serving at Joint Base Elmendorf, Fort Richardson, AK, when her discharge was initiated. Her record documents no acts of valor or significant achievements; however, she served in Alaska.

SEPARATION FACTS AND CIRCUMSTANCES

1. The applicants service record shows that on 14 March 2011, 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 six consecutive Army Physical Fitness Tests.

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

3. On 22 March 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on her behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.

4. On 23 March 2011, the separation authority waived further rehabilitation and directed the applicants 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 2 May 2011, 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 applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Numerous counseling statements covering the period 9 October 2010 through 15 February 2011, for failing the APFT and not meeting the Armys body weight and fat standards.

2. Three APFT card showing six record failures. The applicant passed the push-ups and sit-ups on each APFT (except the last APFT); however, failed the run all six times.

3. Two successful DA Forms 1059, dated 8 August 2009 and 25 January 2010, for the U.S. Army Chemical, Biological, Radiological, and Nuclear (CBRN) school. The applicant received a marginal rating in the second course, due to not passing the APFT; however, she passed the classes.

4. A Mental Status Evaluation, dated 9 February 2011, showing she was diagnosed with depression (in partial remission).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant submitted a DD Form 149, DD Form 214; a Mental Status Evaluation; a rebuttal statement from the applicants election of rights; a sworn statement, dated 1 March 2010, referencing sexual harassment from her NCO; three APFT cards, and documentation from the VA showing she received a 40 percent disability rating.

POST-SERVICE ACTIVITY:

None was listed by the applicant.

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 applicants request for an upgrade of the characterization of her discharge was carefully considered.

2. After examining the applicants record of service, her 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 for the following reasons:

a. The applicant had a documented medical history of issues with her hips and legs. She passed the two other APFT events on each record test.

b. The quality and length of her service: The applicant completed two CBRN schools
and served for 2 years, 6 months, and 11 days.

c. There are no counseling statements referencing any misconduct or UCMJ actions in the record.

d. The applicant was discharged as a PFC/E-3; the action that reduced her in rank is not available in her record; however, it was possibly due to an administrative reduction board for her inability to pass the APFT. The commanders recommendation memorandum states no disciplinary action, including non-judicial punishment.

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 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: Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 3 No Change: 2
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: Current Standards (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) JHT

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) AR20140000782

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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