IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140005703 ___________________________________________________________________________ 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 that the characterization of service was too harsh based on the length and quality of the applicant’s 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. However, the reason for the discharge was proper and equitable and the Board voted not to change it. 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 his general, under honorable conditions discharge characterization be upgraded to honorable. 2. The applicant states, in effect, that his characterization of service was unjust. He contends his company commander recommended he receive an honorable discharge and the battalion commander made a decision for less than honorable. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 March 2014 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 3 February 2014 d. Reason/Authority/SPD/RE: Physical Standards, AR 635-200, Chapter 13, paragraph 13-2e, JFT, RE-3 e. Unit of assignment: E Co, 53rd SC, Tori Station TC, Okinawa, Japan f. Current Enlistment Date/Term: 22 June 2010, 4 years g. Current Enlistment Service: 3 years, 7 months, 20 days h. Total Service: 4 years, 9 months, 18 days i. Time Lost: None j. Previous Discharges: USAR-090417-100621/NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 25S10, Satellite Systems Operator/Maintance m. GT Score: 133 n. Education: HS Graduate o. Overseas Service: Japan p. Combat Service: None q. Decorations/Awards: AGCM, NDSM, GWOTSM, ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve on 17 April 2009, in the delayed entry/enlistment program. He enlisted in the Regular Army on 22 June 2010, for a period of 4 years. He was 18 years old at the time of enlistment and a high school graduate. He was serving in Okinawa, Japan when his discharge was initiated. His record indicates he earned several awards to include the AGCM and achieved the rank of SPC/E-4. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 2 December 2013, 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 Test (APFT), 18 September 2013 and 16 October 2013. 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 5 December 2013, the applicant waived his right to consult 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 26 December 2013, 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 3 February 2014, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, paragraph 13-2e, AR 635-200, for physical standards, with a Separation Program Designator code (SPD) of JFT and an 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. A Summarized Record of Proceedings under Article 15, UCMJ, imposed on 27 August 2013, for failure to go at the time prescribed to his appointed place of duty (130816) and being derelict in the performance of his duties by willfully failing to take necessary precautions to prevent severe sunburn (130728). Punishment consisted of extra duty for eight days and restriction for 14 days. 2. Three APFT cards showing five test failures. The applicant failed record APFT's on 18 June 2013 and 10 September 2013 and diagnostic APFT's on 26 August 2013, 18 September 2013, and 16 October 2013. All test show the applicant failed the run event. 3. Several counseling statements dated between 18 June 2013 and 31 October 2013, for official enrollment in special population's physical fitness, failing to meet the minimum requirements on the APFT, determining possible reasons for APFT failures, possible course of actions to remedy substandard performance, consequences for record APFT failure, and initiation of separation from the Army under Chapter 13 for APFT Failure. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, two pages from his separation packet, developmental counseling form dated 30 December 2013, and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided with the 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 that 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 member’s 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. 4. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 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, 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 for the following reasons: a. the unit command recommended the applicant receive a honorable discharge, b. the applicant was discharged for the sole reason of failing to meet the minimum standards on two consecutive failures of the Army Physical Fitness Test, and c. the preponderance of the applicant’s service was honorable. He earned an AGCM and served 3 years, 7 months, and 20 days of a 4 year enlistment. 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. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 17 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: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable 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) AR20140005703 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1