IN THE CASE OF: BOARD DATE: 15 May 2015 CASE NUMBER: AR20140008041 ___________________________________________________________________________ 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 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 full relief in the form of an upgrade of 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, it is unfair to be discharged for failing to meet the physical standards just two months prior to his end of term of service (ETS) date. The applicant contends his shoulder/back pain were a result of his deployment in support of Operation Enduring Freedom in Afghanistan. The applicant further contends, his shoulder/back pain was never treated; therefore, affected his ability to meet the physical standards. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 10 January 2014 d. Reason/Authority/SPD/RE Code: Physical Standards, AR 635-200, Chapter 13-2e, JFT, RE-3 e. Unit of assignment: B Company, 2d Battalion, 1st Infantry Regiment, 2d Stryker Brigade Combat Team, Joint Base Lewis-McChord, WA f. Current Enlistment Date/Term: 29 March 2011/3 years, 17 weeks g. Current Enlistment Service: 2 years, 9 months, 12 days h. Total Service: 2 years, 9 months, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 19K10, M1 Armor Crewman m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (120415-130108) q. Decorations/Awards: ACM-CS, ARCOM, NDSM, GWTSM, ASR, OSR, NATO MDL, CAB 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 29 March 2011, for a period of 3 years and 17 weeks. He was 20 years old at the time of entry and a high school graduate. He served in Afghanistan, earned an ARCOM and a CAB. He completed 2 years, 9 months, and 12 days of active duty service. When his discharge proceedings were initiated, he was serving at Joint Base Lewis-McChord, Washington. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows on 5 December 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 in accordance with AR 350-1 without medical limitations. 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 9 December 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 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. The record is void of the separation authority memorandum which directed the applicant’s discharge, the characterization of service, and whether further rehabilitation had been waived. 5. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 6. The DD Form 214 indicates that on 10 January 2014, the applicant was discharged under the provisions of Chapter 13, AR 635-200, for physical standards, with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JFT and a reentry (RE) code of 3. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Four negative counseling statements, dated between 21 March 2013 and 4 September 2013, for failing record APFTs. 2. Four DA Forms 705 (Army Physical Fitness Test Scorecard), dated between 21 March 2013 and 4 September 2013, reflects the applicant failed diagnostic and record APFTs. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 28 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. 2. After examining the applicant’s record of service, his military records, 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, 9 months, and 12 days of a 3-year enlistment, thus the preponderance of his service was honorable. b. The record confirms the applicant received several awards, specifically an ARCOM and a CAB, both of which was for a tour in combat. 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 full 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: 15 May 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) AR20140008041 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1