IN THE CASE OF: BOARD DATE: 26 June 2015 CASE NUMBER: AR20140009958 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined that the narrative reason for discharge is now inequitable based on the current standard and the overall length and quality of service, including combat service, and as a result it is inequitable. Accordingly, the Board voted to change the narrative reason for separation 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 to change the narrative reason for his discharge. 2. The applicant states, in effect, his DD Form 214 shows an honorable service. His service in no way should be characterized as unsatisfactory. The narrative reason for his discharge degrades a large portion of his life that he is otherwise extremely proud of. After years of honorable service, he is denied gainful employment. Prospective employers view it in a way that precludes him from employment. A change would change his and his family’s future. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Honorable c. Date of Discharge: 25 September 2012 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: B Trp, 1st Sqdn, 71st Cavalry Regiment, 1st BCT, 10th Mountain Div (Light Infantry), Fort Drum, NY f. Current Enlistment Date/Term: 1 April 2010, 3 years g. Current Enlistment Service: 2 years, 9 months, 25 days h. Total Service: 7 years, 9 months, 16 days i. Time Lost: None j. Previous Discharges: USMC (040424-040529) / UNC (additional inactive service is illegible on DD Form 214) ARNG (041210-050606) / UNC ARNG (060720-060808) / NA ADT (060809-061124) / HD ARNG (061125-070603) / NA MOB (070604-080611) / HD ARNG (080612-100331) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 104 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (100618-1110307), Iraq (070630-070517) q. Decorations/Awards: AAM-2; AGCM-2; NDSM; ACM-CS; ICM-CS; GWOTSM; ASR; OSR; AFRM-M DEV; MOVSM; NATO MDL; CIB; MUC r. Administrative Separation Board: No, waived his rights s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 1 April 2010 for a period of 3 years. He was 24 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. He served in Afghanistan and Iraq. He earned two AAMs and he completed 7 years, 9 months, and 16 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 30 August 2012, 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 consecutive Army Physical Fitness Tests (APFTs). 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 30 August 2012, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On 7 September 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service. The applicant was not transferred to the U.S. Army Reserve Control Group. 5. The applicant was discharged from the Army on 25 September 2012, with an honorable characterization of service 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. There are no UCMJ actions in the record. 2. A negative counseling statement, dated 23 May 2012, for failing an APFT. 3. Army Physical Fitness Test Scorecard indicates two record APFT failures on 23 May 2012 and 2 July 2012. 4. Report of Mental Status Evaluation, dated 14 June 2012, indicates the applicant’s Post Traumatic Stress Disorder and Mild Traumatic Brain Injury screening were both positive. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review. POST-SERVICE ACTIVITY: The applicant provided none. 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. 3. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 4. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request to change the narrative reason for his discharge was carefully considered. 2. After examining the applicant’s record of service, his military records, the document and the issues submitted with the application, there are several mitigating factors to merit a change to the narrative reason for his discharge: a. The applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT). b. The service record does not contain any other derogatory information and it shows the preponderance of the applicant’s service was honorable. He earned two AAMs and two AGCMs, and served combat tours in Afghanistan and Iraq. c. Although the applicant did not present any mental health issues, his separation packet contains documentary evidence of his mental health issues and screening positive for Post-Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury. 3. The record shows the proper discharge and separation authority procedures were followed in this case. 4. In view of the foregoing, it appears the narrative reason for discharge is now inequitable, thus it is recommended the Board grant full relief in the form of a change to the reason of the applicant’s discharge to “Physical Standards.” SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 26 June 2015 Location: Washington, DC Did the Applicant Testify? No Counsel/Representative: None Board Vote: Character Change: NA No Change: NA Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: NA Change Reason to: Physical Standards Change Authority for Separation: AR 635-200, Chapter 13-2e Change RE Code to: NA Grade Restoration to: NA Other: Change Separation Program Designator (SPD) code to JFT. Legend: 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 IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009958 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1