IN THE CASE OF: Mr. BOARD DATE: 10 April 2015 CASE NUMBER: AR20140007453 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the examiner’s Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the applicant being discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT), and the service record did not contain any other derogatory information 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. 2. Furthermore, regulations currently in effect provide the reason for the applicant’s discharge as unsatisfactory performance. Accordingly, the Board voted to change the narrative reason for separation, and the authority for discharge, to physical standards under the provisions of Chapter 9, AR 135-178. 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 under other than honorable conditions to honorable. 2. The applicant states, in effect, he was forced to take the Army Physical Fitness Test (APFT) while sick and failed. The test would not be rescheduled, and as a result, he received an under other than honorable conditions discharge. He did not receive a DD Form 214, and did not out-process. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 April 2014 b. Discharge received: Under Other Than Honorable Conditions c. Date of Discharge: 26 September 2013 d. Reason/Authority/SPD/RE: Unsatisfactory Participation, Chapter 13, AR 135-178 e. Unit of assignment: HHC, 3rd Medical Command (Deployment Support) Forest Park, GA f. Current Enlistment Date/Term: 3 February 2011, 8 years g. Current Enlistment Service: 2 years, 7 months, 24 days h. Total Service: 2 years, 7 months, 24 days i. Time Lost: None j. Previous Discharges: IADT (110322-111026)/HD (Concurrent Service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92G10, Food Service Operations m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve on 3 February 2011, for a period of 8 years. He was 39 years old at the time of entry and a HS graduate. He was ordered to initial active duty on 22 March 2011, he was trained in and was awarded military occupational specialty (MOS) 92G10, Food Service Operations; he was released from active duty with an honorable discharge. His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of PFC/E-3. He was serving in Forest Park, Georgia, when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows on 11 July 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, paragraph 9-2(e) AR 135-178, 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. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his own behalf (which is not contained in the available record). The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On 8 September 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions, under the provisions of Chapter 13, AR 135-178, for unsatisfactory participation. 5. The applicant was discharged from the US Army Reserve on 26 September 2013, with a characterization of service of under other than honorable conditions. 6. The applicant’s service record does not contain any evidence of unauthorized absences, time lost, or any action under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The record contains two DA Forms 705 (Army Physical Fitness Test Scorecard), showing record PT tests dated 2 June 2012 and 21 October 2012, which the applicant failed both. 2. The applicant received a negative counseling statement dated 18 November 2012, for failing the PT test. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a DD Form 214, and a discharge order. POST-SERVICE ACTIVITY: The applicant did not provide any information with the application. REGULATORY AUTHORITY: 1. Army Regulation 135-178 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 9-2e 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 issues and documents and the application he submitted, 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 his 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 he was forced to take the pt test while sick and failed. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was sick at the time he took the PT test. 5. The applicant further contends the test would not be rescheduled and as a result he received an under other than honorable conditions discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 6. The applicant also contends he did not receive a DD Form 214, and did not out-process; However, the applicant was serving in the US Army Reserve at the time of his discharge and not entitled to receive a DD Form 214. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption the applicant did not out process from the Reserves. 7. Notwithstanding the propriety of the applicant's discharge, the record shows that someone in the discharge process erroneously entered on the discharge orders a characterization of service of “under other than honorable conditions.” In view of the foregoing, the analyst recommends an administrative change be made to block 24, character of service to "general, under honorable conditions," as approved by the separation authority. Except for the foregoing modification to the applicant's characterization of service, the characterization of service was both proper and equitable. 8. Furthermore, 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. 9. In view of the foregoing, it appears the narrative reason for separation is inequitable. Regulations currently in effect list the reason for the applicant’s discharge as “physical standards.” The analyst recommends the Board change the narrative reason for separation to physical standards on the basis of equity. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 April 2015 Location: Washington, DC Did the Applicant Testify: NA Counsel: None Witness/Observers: None Board Vote: Character Change: 5 No Change: 0 Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: Yes Change Characterization to: Honorable Change Reason to: Physical Standards (Administrative Change) Change Authority for Separation: AR 635-178, Chapter 9 (Administrative Change) Change RE Code to: NA Grade Restoration to: NA Other: TO: ARBA Promulgation Team. Arlington, VA Date: 10 April 2015 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: ( X ) Change Characterization of discharge to Honorable. ( X ) Change Narrative Reason to Physical Standards ( X ) Change Authority to AR 135-178, Chapter 9. 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) AR20140007453 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1