Applicant Name: ?????
Application Receipt Date: 2011/01/31 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable. He desires to attend school and receive healthcare benefits.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 961002
Discharge Received: Date: 961028 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: C Co, 27th Engineer Bn (Cbt) (Abn), Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 950928, failing to be at his appointed place of duty; extra duty for 14 days and restriction for 14 days, (Summarized).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 940224 Current ENL Term: 04 Years ?????
Current ENL Service: 02 Yrs, 08 Mos, 05 Days ?????
Total Service: 02 Yrs, 08 Mos, 05 Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 62J10 General Construction Equipment Operator GT: 104 EDU: HS Grad Overseas: Haiti Combat: None
Decorations/Awards: NDSM, HSM, ASR
V. Post-Discharge Activity
City, State: Illiopolis, IL
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 2 October 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, paragraph 13-2f, AR 635-200, by reason of unsatisfactory performance for failing three consecutive Army Physical Fitness Tests (APFTs), with a general, under honorable conditions discharge. He was advised of his rights.
On 2 October 1996, the applicant waived 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.
On 9 October 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be separated, with a general, under honorable conditions discharge.
b. Legal Basis for Separation:
Army Regulation 635-200, sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13-2e of this regulation, 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 unsatisfactory performance. Service of Soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period of enlistment under review, the issues and document submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable. The analyst noted that the applicant was discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test. In view of the foregoing, the analyst recommends that the applicants characterization of service be upgraded to fully honorable.
Furthermore, regulations currently in effect list the reason for the applicants discharge as physical standards. Accordingly, the analyst recommends to the Board that the narrative reason for separation on the DD Form 214 be changed to "Physical Standards" with the corresponding separation (SPD) code of "JFT."
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 9 September 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: [ redacted ]
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, dated (110126); IDVA Form 200, dated (110126); and a DD Form 214, dated (961028).
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service is too harsh and as a result, it is inequitable. The Board noted that the applicant was discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.
Furthermore, regulations currently in effect list the reason for the applicants 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 (SPD) code of "JFT."
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 3 No change 2
Reason - Change 3 No change 2
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Physical Standards" with the corresponding separation (SPD) code of "JFT" under provisions of Chapter 13, AR 635-200.
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
Legend:
AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial
BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial
CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge
DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable
FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20110002231
______________________________________________________________________________
Page 3 of 3 pages
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