IN THE CASE OF: BOARD DATE: 5 June 2015 CASE NUMBER: AR20140009750 ___________________________________________________________________________ Board Determination and Directed Action 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 the narrative reason for the discharge is now inequitable based on current regulation in effect which provides 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 change the narrative reason for his discharge. 2. The applicant states, in effect, his separation code should be “JHF,” because passing an APFT is a course requirement. He failed three record APFTs. He was denied the transitional assistance management program through TRICARE because of his separation code. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Honorable c. Date of Discharge: 13 May 2014 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: B Co, 305th MI Bn, Fort Huachuca, AZ f. Current Enlistment Date/Term: 17 September 2013, 3 years, 34 weeks g. Current Enlistment Service: 0 years, 7 months, 27 days h. Total Service: 0 years, 7 months, 27 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 101 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 17 September 2013, for a period of 3 years and 34 weeks. He was 20 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 7 months and 27 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows on 22 April 2014 (as acknowledged by the applicant), 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 two consecutive record APFTs within 90 days. 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 23 April 2014, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and the information whether he elected to submit a statement on his behalf is not available. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts and forwarded the recommendation to the separation authority for approval. 4. The applicant’s service record is void of the separation authority’s decision memorandum; however, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. 5. The DD Form 214 indicates that on 13 May 2014, the applicant was discharged under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance, with an honorable characterization of service. The DD Form 214 also shows a Separation Program Designator (SPD) code of JHJ and a reentry (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: 1. There are no actions under the Uniform Code of Military Justice. 2. Four negative counseling statements, dated between 8 January 2014 and 5 May 2014, for being recommended for separation for unsatisfactory performance and failing the first, second, and third record APFTs. 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 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. Chapter 13, paragraph 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. 3. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, unsatisfactory performance. It further identifies the SPD code of "JFT" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, paragraph 13e, physical standards. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" and “JFT” will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the reason and its corresponding separation code 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 mitigating factors to merit a change to the narrative reason for discharge for the following reasons: a. 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). b. The service record does not contain any other derogatory information. c. The characterization of his service is honorable. 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 narrative reason for discharge is now inequitable, thus it is recommended the Board grant full relief in the form of a change to the reason of the applicant’s discharge to “Physical Standards.” SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA 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: NA Change Reason to: Physical Standards Change Authority for Separation: AR 635-200, Paragraph 13-2e Change RE Code to: NA Grade Restoration to: NA Other: Separation Program Designator (SPD) code JFT. Legend: 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 FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009750 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1