IN THE CASE OF: Mr. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140006807 ___________________________________________________________________________ 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 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 and his combat service, and as a result it is inequitable. Accordingly, the Board voted to grant full 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, he believes his service was honorable in the entire period of his enlistment. He has no dishonorable mentions in his record. He served his country proudly. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 21 March 2014 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: HHD, 15th MP Bde, Fort Leavenworth, KS f. Current Enlistment Date/Term: 16 March 2009 (NIF), 5 years, 3 months g. Current Enlistment Service: 5 years, 0 months, 6 days h. Total Service: 7 years, 7 months, 25 days i. Time Lost: None j. Previous Discharges: RA (060727-090315) / HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 31E20, Internment/Resettlement Specialist m. GT Score: 104 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (070920-081118) q. Decorations/Awards: ARCOM; AGCM; NDSM; ICM-CS; GWOTSM; ASR; OSR; CIB r. Administrative Separation Board: No, waived unconditionally s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 27 July 2006, and reenlisted on 16 March 2009 (NIF), for a period of 4 years. He extended this enlistment on 30 August 2011, to a total of 5 years and 3 months. He was 17 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 31E20, Internment/Resettlement Specialist. He served in Iraq. He earned an ARCOM. He completed 7 years, 7 months, and 25 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows on 3 February 2014, 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 to achieve the Army standard of 60 points in each event on two consecutive Army Physical Fitness Tests (130419 and 130712). 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 3 February 2014, the applicant waived his right to consult with legal counsel, indicated he understood the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, 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 10 February 2014, 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 21 March 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. Two Army Physical Fitness Test Scorecards indicate the applicant was a record failure on 19 April 2013, 12 July 13, and 26 September 2013. 2. Three counseling statements, dated between 19 April 2013 and 15 July 2013, for being flagged and separation action being initiated for failing two consecutive APFTs and failing the Army height and weight standards. 3. Report of Mental Status Evaluation, dated 21 November 2013, indicates the applicant had a diagnosis of depressive disorder NOS and anxiety disorder NOS. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant provided none. 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. 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; 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 and it shows the preponderance of the applicant’s service was honorable. He earned an ARCOM, AGCM, and CIB, and served a 14-month combat tour in Iraq. 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: 24 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: 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) AR20140006807 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1