IN THE CASE OF: Mr. BOARD DATE: 19 November 2014 CASE NUMBER: AR20140002148 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the examiner’s Discussion and Recommendation that follows, the Board determined the discharge was both proper and equitable and voted to deny relief. 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 an upgrade of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, his command did not take into account his severe medical conditions and feels he was wronged. During his four years of service he never got in trouble and worked hard to be a good Soldier. His performance was hindered by multiple injuries. His doctor ordered him do one thing, his command ordered another; he became stressed. His battalion commander advised him he was recommending an honorable discharge and he was shocked when he received a general, under honorable conditions discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 December 2013 b. Discharge received: General, under honorable conditions c. Date of Discharge: 24 August 2002 d. Reason/Authority/SPD/RE: Unsatisfactory Performance, Chapter 13, JHJ, RE-3 e. Unit of assignment: C Co, 125 Signal Battalion, 25th Infantry Division (Light), Schofield Barracks, HI f. Current Enlistment Date/Term: 11 September 1998, 6 years g. Current Enlistment Service: 2 years, 11 months h. Total Service: 2 years, 11 months i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 31S10, Satellite Communications System Repairer m. GT Score: 118 n. Education: HS Graduate o. Overseas Service: Hawaii p. Combat Service: None q. Decorations/Awards: AGCM, NDSM, ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 11 September 1998, for a period of 6 years. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 31S10, Satellite Communications System Repairer. His record does not show he served in combat, he earned an AGCM; and he achieved the rank of PFC/E-3. He was serving at Schofield Barracks, HI when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 17 July 2002, 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 Army Physical Fitness Tests (APFTs). 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 17 July 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board (although he was not entitled to a board), and did not submit a statement on 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 an honorable discharge. 4. On 2 August 2002, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 24 August 2002, with a characterization of service of general, under honorable conditions. 6. The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. He received four negative counseling statements, dated between 17 December 2001 and 14 September 2002, for failing to report, making negative comments toward the unit and the Army, initiation for separation action for failing the PT test, failing to meet height and weight standards and two APFT failures. 2. The record contains a DA Form 705 (Army Physical Fitness Test Scorecard), indicating applicant failed two record PT tests on 12 February 2002 and 14 May 2002. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a DD Form 214, AGCM Orders B304-19, Chapter 13 discharge packet (nine pages), and medical documents (31 pages). POST-SERVICE ACTIVITY: The applicant did not provide any information with 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. 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, the issues and documents 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. length of the applicant’s service, he completed 3 years, 11 months, and 14 days of his six year enlistment. b. he earned an AGCM. c. the unit and intermediate commanders recommended an honorable discharge. 3. The record confirms 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. 4. The record shows the proper discharge and separation authority procedures were followed in this case. 5. In view of the foregoing, the characterization of the discharge is now inequitable and the analyst recommends the Board grant full relief in the form of an upgrade of the characterization of service to honorable. 6. Furthermore, regulations currently in effect list the reason for the applicant’s discharge as “Physical Standards.” Accordingly, the analyst also recommends the narrative reason for separation be changed to “Physical Standards,” on the basis of equity, with a corresponding separation code of JFT. BOARD DETERMINATION AND DIRECTED ACTION: After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the examiner’s Discussion and Recommendation, the Board determined the discharge was both proper and equitable and voted to deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 19 November 2014 Location: Washington, DC Did the Applicant Testify: NA Counsel: Yes [redacted] Witnesses/Observers: NA Board Vote: Character Change: 1 No Change: 4 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA 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) AR20140002148 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1