Applicant Name: 

Application Receipt Date: 070823	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 941123
Discharge Received:     Date: 941229   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: LHJ
Unit/Location: 54th QM Co, 240th QM Bn, Fort Lee, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1969/11  
HOR City, State: Americas, GA
Current ENL Date: 940217    Current ENL Term: 03 Years  ?????
Current ENL Service: 00 Yrs, 10Mos, 13Days ?????
Total Service:  02 Yrs, 07Mos, 09Days ?????
Previous Discharges: RA-920521-940216/HD
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 57F10/Mortuary Affairs Specialist   GT: 125   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 23 November 1994, 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 failure of two consecutive Army Physical Fitness Test, with a honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 16 December 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a honorable discharge. The applicant was transferred to the U.S. Army Reserve Control Group. 

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records during the period of enlistment under review, documents, and the issue he submitted, the analyst found that the narrative reason for separation is now inequitable.  Regulations currently in effect list the narrative reason for separation as “Physical Standards.”  Accordingly, the analyst recommends to the Board that the narrative reason on the applicant's DD Form 214 be changed to current standards “Physical Standards” with a corresponding separation code of “LFT.”
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 August 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 0   - Character
		 			      Change 5    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for separation is inequitable.  Regulations currently in effect list the narrative reason for separation as “Physical Standards.”  Accordingly, the board voted to change the applicant's narrative reason for separation to “Physical Standards” with a corresponding separation code of “LFT.”





















								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:  "Physical Standards" under the provisions of Chapter 13, AR 635-200, with a corresponding separation code of “LFT.”
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 1 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011782
______________________________________________________________________


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