Applicant Name:  ?????

Application Receipt Date: 2011/11/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, his recruiter told him that after a certain period of time, the DD 214 could be reviewed and possibly changed to an Honorable Discharge.  

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: 060713
Discharge Received: 			   Date: 060823   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: B Company, 304th Signal Battalion, Camp Stanley, Korea 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060407, dereliction in the performance of his duty, in that he failed to stay awake while on Unit Police guard duty (060121), reduction to E-3, forfeiture of $372.00 x 1 (suspended), extra duty and restriction for 14 days. (CG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030909    Current ENL Term: 05 Years  ?????
Current ENL Service: 	02 Yrs, 11 Mos, 15 Days ?????
Total Service:  		02 Yrs, 11 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25Q10 7E Multichannel Transmission Systems Operator/Maintainer    GT: 107   EDU: HS Grad   Overseas: Korea x 2   Combat:  None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR x 2

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 June 2006, 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 two consecutive Army Physical Fitness Tests with an honorable conditions discharge.  He was advised of his rights.  
       
       
       
       On 11 July 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration for his case by an administrative separation board; even though he was not entitled to one, 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 an Honorable Conditions Discharge.  
       
       On 1 August 2006, the separation authority waived further rehabilitation 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, under honorable conditions discharge is normally considered appropriate; however, a fully 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 for the period of enlistment under review, and the issue and document he submitted, the analyst found several mitigating factors which would merit an upgrade of the applicant's discharge to fully honorable.  The analyst further found that the applicant was notified and discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test and that he received a CG Article 15 approximately five months prior to his discharge.  Further, the evidence of record shows that the applicant's commander and intermediate commander recommended that he receive an honorable discharge.  Additionally, the applicant had almost completed 3 years of active military service.  In view of the foregoing, the analyst recommends to the board that the characterization of service is inequitable.  
       
       Furthermore, regulations currently in effect list the reason for the applicant’s 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 code of "JFT."   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and DD Form 214












VIII.  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 discharge is now inequitable based on the current standard.  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."   
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Physical Standards
Other: Corresponding separation code of "JFT."   
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder















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 AR20110023958
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