Applicant Name: ????? Application Receipt Date: 2012/03/23 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he received a Chapter 13 and discharged under a general discharge for failure of two consecutive physical fitness tests; he was not given an opportunity for a change in unit; he has never received an Article 15 in his whole career in the Army; and he has received the Army Good Conduct Medal for every three years of service. He adds that based on his record of successful deployments to Iraq and outstanding achievements, he believes that his good standing was acceptable to receive a higher discharge. He believes that since Chapter 13 discharges need more than just failures to pass an APFT, an upgrade is warranted. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 101213 Discharge Received: Date: 110126 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: 23rd MP Co, 91st MP Bn, Fort Drum, NY Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 29 Current ENL Date: 091212 Current ENL Term: 05 Years ????? Current ENL Service: 01 Yrs, 04 Mos, 14 Days ????? Total Service: 12 Yrs, 01 Mos, 07 Days ????? Previous Discharges: ARNG (981219-000712) / NA RA (000713-040718) / HD RA (040819-060418) / HD RA (060419-090226) / HD RA (090227-091211) / HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 31B (Military Police) GT: 96 EDU: HS Grad Overseas: HI; AK; SWA Combat: Iraq x 2 (090801-100521); (050221-060212); Decorations/Awards: ARCOM-2; AAM-2; AGCM-3; NDSM; ICM-3CS; GWOTSM; ASR; OSR-4 V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 9 November 2010, 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 two consecutive APFTs, with a general, under honorable conditions discharge. He was advised of his rights. On 23 November 2010, the applicant waived consultation with a legal counsel, and indicated he understood the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 7 January 2011, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge. The applicant was not transferred to the U.S. Army Reserve Control Group. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13-2e of this regulation, states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations that have two consecutive failures of the Army Physical Fitness Test. The reason for discharge will be shown as unsatisfactory performance. Service of Soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records for the period of enlistment under review, and the issue and document submitted with the application, the analyst found mitigating factors which would merit an upgrade of the applicant's discharge to fully honorable. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst does not condone the applicant’s unsatisfactory performance; however; determined that the characterization of service is now inequitable. The record indicates that the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test. The analyst also noted the lack of any other derogatory information in the record. In view of the foregoing, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 22 August 2012 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated 30 January 2012; DD Form 214 for service under current review. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review and notwithstanding the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. However, the Board further determined that the narrative reason for discharge is now inequitable based on the 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. IX. Board Decision Board Vote: Character - Change 2 No change 3 Reason - Change 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: Physical Standards Other: Change Separation Authority to AR 635-200, paragraph 13-2e, and Separation Code to JFT RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120005942 ______________________________________________________________________________ Page 1 of 3 pages