IN THE CASE OF: Mr. BOARD DATE: 9 September 2014 CASE NUMBER: AR20140006776 ___________________________________________________________________________ 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 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 general, under honorable conditions discharge to honorable and a change to the reentry code. 2. The applicant states, in effect, he had a problem passing the Army Physical Fitness Test (APFT); however, he is now able to pass. He desires to reenter the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 1 December 2011 d. Reason/Authority/SPD/RE Code: Physical Standards, AR 635-200, Chapter 13-2e, JFT, RE-3 e. Unit of assignment: E Company, 369th Signal Battalion, 15th Signal Brigade, Fort Gordon, GA f. Current Enlistment Date/Term: 22 March 2011/6 years g. Current Enlistment Service: 8 months, 10 days h. Total Service: 1 year, 1 month, 5 days i. Time Lost: None j. Previous Discharges: DEP, 20101007-20110321, NA k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 103 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 22 March 2011 for a period of 6 years. He was 21 years old at the time of entry and a high school graduate. He completed 8 months and 10 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Gordon, GA. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 28 October 2011, 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 ten consecutive APFTs. 2. The unit commander recommended a honorable conditions discharge and advised the applicant of his rights. 3. On 28 October 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and opted not to 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 a general, under honorable conditions discharge. 4. On 21 November 2011, 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 1 December 2011, 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. Discharge Order Number 332-0912, dated 28 November 2011, Headquarters, United States Army Signal Center of Excellence, Fort Gordon, Georgia, discharged the applicant from the Regular Army effective 1 December 2011. 2. Thirteen negative counseling statements dated between 7 June 2011 and 3 October 2011, for failing the End of Course APFTs (110607, 110621, 110712, 110725, 110808, 110815, 110822, 110829, 110906, 110912, 110919, 110926, 111003). 3. DA Form 705 (Army Physical Fitness Test Scorecard), dated 7 June 2011 through 3 October 2011, reflects ten consecutive APFT failures. The applicant failed to achieve the minimum passing score in the 2-mile run event for his age and gender category. 4. DA Form 3822 (Report of Mental Status Evaluation), dated 4 October 2011, reflects the applicant was evaluated as requested by the unit commander for a Mental Status Evaluation for Chapter 13 separation. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 10 April 2014, and a DD Form 214 covering 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 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. However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends his discharge should be upgraded because he had a problem with passing the APFT and is now able to pass. However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 5. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 9 September 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 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) AR20140006776 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1