IN THE CASE OF: Ms. BOARD DATE: 11 August 2014 CASE NUMBER: AR20140009673 ___________________________________________________________________________ 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 applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT). Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. 2. Further, regulations currently in effect provide the reason for the applicant’s discharge as physical standards. Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to Physical Standards with the corresponding separation code of JFT. 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 her discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, that her discharge was based on physical training test failure. She contends she was an ideal Soldier with no bad conduct who had difficulty meeting physical standards. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 7 November 2008 d. Reason/Authority/SPD/RE: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: 122nd CS Sig Network, Fort Bragg, NC f. Current Enlistment Date/Term: 23 August 2007, 4 years g. Current Enlistment Service: 1 year, 1 month, 15 days h. Total Service: 1 year, 1 month, 15 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 25Q10, Multichannel Trans OP/MNT m. GT Score: 118 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, 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 Regular Army on 23 August 2007, for a period of 4 years. She was 22 years old at the time of entry and a high school graduate. She was serving at Fort Bragg, NC, when her discharge was initiated. Her record documents no acts of valor or significant achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 16 September 2008, 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 three Army Physical Fitness Test (APFT) (080330, 080605, and 080724). 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. On 17 September 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on her 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 15 October 2008, 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 7 November 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance, with a Separation Program Designator code (SPD) of JHJ 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. An APFT card showing three test failures. The applicant failed the run on 5 May 2008, 5 June 2008, and 23 July 2008. 2. Three counseling statements covering the period 30 March 2008 through 24 July 2008, for failing to meet the minimum standards on the APFT. 3. The applicant’s available record does not contain any recorded actions under the UCMJ EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a self-authored statement, an individual sick slip, dated 4 September 2008, and a developmental counseling form, dated 23 September 2008. POST-SERVICE ACTIVITY: None provide 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 her discharge was carefully considered. 2. After examining the applicant’s record of service, the documents and the issues submitted with the application, there is a mitigating factor to merit an upgrade of the applicant's discharge to honorable for the following reasons. 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. 6. Furthermore, regulations currently in effect list the reason for the applicant’s discharge as “Physical Standards.” Accordingly, it is also recommended that the narrative reason for separation be changed to “Physical Standards,” on the basis of equity, with a corresponding separation code of JFT. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 11 August 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None Witnesses/Observers: No Board Vote: Character Change: 3 No Change: 2 Reason Change: 3 No Change: 2 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Physical Standards Change Authority for Separation: AR 635-200, Chapter 13, Paragraph 13-2e Change RE Code to: NA Grade Restoration to: NA Other: Separation Program Designator (SPD) code JFT 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) AR20140009673 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1