IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140006968 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, considering the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the overall length and quality of the applicant's service, to include his combat service, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was both proper and equitable and 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 an upgrade of his general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he would like a reassessment of his discharge and another chance to join the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 18 July 2013 d. Reason/Authority/SPD/RE Code: Physical Standards, AR 635-200, Chapter 13-2e, JFT, RE-3 e. Unit of assignment: F Company, 701st Brigade Support Battalion, 4th Infantry Brigade Combat Team, 1st Infantry Division, Fort Riley, KS f. Current Enlistment Date/Term: 7 February 2011/3 years, 21 weeks g. Current Enlistment Service: 2 years, 5 months, 12 days h. Total Service: 2 years, 5 months, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92G10, Food Service Operations m. GT Score: 85 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (120525-120901) q. Decorations/Awards: ACM-CS, NDSM, GWTSM, ASR, NATO MDL 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 7 February 2011 for a period of 3 years and 21 weeks. He was 19 years old at the time of entry and a high school graduate. He served in Afghanistan. He completed 2 years, 5 months, and 12 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Riley, Kansas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows on 10 June 2013, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 13, by reason of unsatisfactory performance specifically for failing two consecutive Army Physical Fitness Tests (APFTs) within 90 days. 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 11 June 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement on his 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 13 June 2013, 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 US Army Reserve Control Group. 5. The applicant was discharged from the Army on 18 July 2013, 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. Two counseling statements, dated 8 February 2013 and 8 May 2013, for failing the APFT. 2. DA Form 705 (Army Physical Fitness Test Scorecard), dated 8 February 2013 and 8 May 2013, reflecting the applicant failed the 2-mile run event. 3. DA Form 3822-R (Report of Mental Status Evaluation), dated 17 May 2013, reflects that the applicant had a clear and normal thought process and was mentally responsible. It was also noted in Section V, the applicant was diagnosed (Axis I) with Occupational Problem (per AHLTA History) and (Axis II) 799.9 Diagnosis Deferred on Axis II. 4. Discharge Orders Number 191-0012, dated 10 July 2013, Headquarters, 1st Infantry Division and Fort Riley, reflects the applicant was discharged from the Regular Army with an effective date of 18 July 2013. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 149, dated 14 April 2014, and a DD Form 214 covering the period of service under review. 2. The applicant states, in a self-authored letter, he sincerely regrets and apologizes for his actions that he caused while in the military. He now understands and appreciates what the military has taught him. The applicant would like another chance to join the military. 3. Department of Veterans Affairs Palo Alto Health Care System (VAPAHCS) Letter of Recommendation, dated 19 March 2014, authored by Mr. K, Voluntary Services Specialist. Mr. K states, the applicant will have at least 100 hours of volunteer service with the VAPAHCS at the time of the letter. 4. Seven reference letters from pastors, senior pastors, and directors from his church community, as well as fellow classmates and coworkers. All of which attests to the applicant’s commitment to the church, the young adult and children’s programs, and education. The applicant’s dependability and compassion for the various causes are major contributors to the success of the programs. POST-SERVICE ACTIVITY: The applicant states, his volunteer commitment to the VAPAHCS and the church is his way of showing responsibility, not to fail those that need him as well as himself. 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 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. Length and quality of service: The applicant served 2 years, 5 months, and 12 days of a 3-year enlistment, thus the preponderance of his service was honorable. b. The record confirms the applicant served a tour in combat. c. The applicant’s post-service accomplishments as provided in the documents with his application indicates he has volunteered 100 hours of service with VAPAHCS, and devoted countless hours to the Korea Baptist Church of San Jose Children’s Program and the Good Samaritan Korean Methodist Church Young Adult Ministry. 3. 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). 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, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable. 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) AR20140006968 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1