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AF | DRB | CY2006 | ar20060016771
Original file (ar20060016771.txt) Auto-classification: Denied
Application Receipt Date: 061207	

Prior Review    Prior Review Date: None

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

Issues: See enclosed 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: 000420
Discharge Received:     Date: 000524   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance 
RE:     SPD: JHJ
Unit/Location: Co A, 2nd Bn, 58th Infantry Training Brigade, Fort Benning, GA 

Time Lost: AWOL for 18 days (000304-00321)

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

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  810807  
Current ENL Date: 990824    Current ENL Term: 3 Years       
Current ENL Service: 00 Yrs, 8Mos, 13Days Includes 8 days of excess leave (000517-000524)
Total Service:  00 Yrs, 8Mos, 13Days      
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: NA   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: Applicant states he volunteers in his community and is attending college; he provided several letters of support and copies of his college transcripts.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 20 April 2000, 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 to pass the APFT after numerous attempts with a general, under honorable conditions 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 waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  On 22 May 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge.  The applicant was not 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 and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling.  The applicant failed to respond appropriately to these efforts.  The analyst determined 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 and AWOL, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Furthermore, the record does not support the applicant's contention that his discharge was the result of any medical condition, and the applicant did not provide evidence to support his claim.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.    
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Timon M. Oujiri, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


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

Case Number AR20060016771

Applicant Name:  Mr.       
______________________________________________________________________


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