AR20140002970

IN THE CASE OF: Mr.

BOARD DATE: 14 January 2015

CASE NUMBER: AR20140002970
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation which follows, the Board determined the discharge to be proper and equitable and voted to deny relief. However,
the regulation currently in effect provide 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 his general, under honorable conditions discharge to honorable.

2. The applicant states, in effect, he desires to rejoin the military. He contends he was discharged for failing to pass the Army Physical Fitness Test (APFT) and deeply regrets not putting in more effort in completing the task given to him. He states he was a good Soldier and the experience was a very important phase in his life. He is now trying to further his education and purchase a new house with his family.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 10 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 24 September 2003
d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200
Chapter 13, JHJ, RE-3
e. Unit of assignment: HHC, 2d Infantry Division, Korea
f. Current Enlistment Date/Term: 10 August 2000/3 years
g. Current Enlistment Service: 3 years, 1 month, 15 days
h. Total Service: 5 years, 6 months, 24 days
i. Time Lost: None
j. Previous Discharges: ARNG, 950127-950726, UNC
Break, 950727-960808, NA
RA, 960809-980806, HD
Break, 980807-000809, NA
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 25M10, Multimedia Illustrator
m. GT Score: 98
n. Education: HS Graduate
o. Overseas Service: Korea
p. Combat Service: None
q. Decorations/Awards: NDSM, ASR, OSR
r. Administrative Separation Board: NA
s. Performance Ratings: NA
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Army National Guard on 27 January 1995, for a period of 8 years. He enlisted in the Regular Army on 9 August 1996, and served two years. He then reenlisted in the Regular Army again on 10 August 2000, for a three year period. He was 23 years old at the time of his last reenlistment and a high school graduate. He served in Korea and did not earn any significant awards of achievement or valor. He completed 5 years, 6 months, 24 days of total military service. When his discharge proceedings were initiated, he was serving in Korea.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants service record shows that on 12 August 2003, 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 five APFTs.

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

3. On 26 August 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.

4. On 8 September 2003, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.

5. The applicant was discharged from the Army on 24 September 2003, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, AR 635-200, for Unsatisfactory Performance, with a Separation Program Designator code (SPD) of JHJ and a 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. Four negative counseling statements, dated between 9 October 2002 and 2 July 2003, for failing the APFT and recommendation for separation.

2. Five DA Forms 705 (APFT Scorecard), dated between 19 July 2002 and 1 August 2003, reflects the applicant failed five record APFTs and five diagnostic APFTs.

3. DA Form 3822-R (Report of Mental Status Evaluation), dated 6 August 2003, reflects the applicant had a clear and normal thought process, was mentally responsible, and had a diagnosis of occupational problems and toe infection. It was determined he was able to distinguish between right and wrong and had the mental capacity to understand and participate in chapter proceedings.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 29 January 2014, and two DD Forms 214.

POST-SERVICE ACTIVITY:

The applicant did not provide any in support of his application.

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.

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 members 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.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge was carefully considered.

2. After examining the applicants 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 APFT. The service record does not contain any other derogatory information and it shows the preponderance of the applicants service was honorable. There are no UCMJ actions in the record.

3. Further, regulations currently in effect provide the reason for the applicants discharge as physical standards. Accordingly, recommend the Board vote to change the narrative reason for separation on the DD Form 214 to Physical Standards with the corresponding separation code of JFT.

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.

BOARD DETERMINATION AND DIRECTED ACTION

After carefully examining the applicants record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation, the Board determined the discharge to be proper and equitable and voted to deny relief. However,
the regulation currently in effect provide 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.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 14 January 2015 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

Board Vote:
Character Change: 2 No Change: 3
Reason Change: 3 No Change: 2
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: No Change
Change Reason to: Current Standards, Physical Standards
Change Authority for Separation: AR 635-200, Chapter 15, Paragraph 15-2e
Change RE Code to: NA
Grade Restoration to: NA
Other: Separation Program Designator (SPD) 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) AR20140002970

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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