Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000042489
Original file (2000042489.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: General, Under Honorable Conditions

2. Date of discharge (or REFRAD): 950427

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

          b. Reason: Unsatisfactory Performance
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            AAM
a. Period entered for: 5 Years NDSM
b. Entry date: 940513 ASR
c. Age: 22 Years DOB: 720404 C/Ach
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 111 3. Highest grade achieved:
f. Length of Service: E4
0 Year(s) 11 Month(s) 15 Day(s)

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data


Other discharge(s):

          Service   From      To        Type Discharge
         USAR     910312   910813   NA
         RA       910814   940512   Honorable



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. Evidence of record shows that on 4 April 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with an 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.

         b. On 27 April 1995, the applicant was discharged. At the time of discharge, the applicant had 11 months, and 15 days, service on his current enlistment and 3 years, 8 months and 14 days, total time in service.

         c. The unit commander recommended separation due to the applicant failing the Army Physical Fitness Test twice, and shows a lack of responsibility, initiative and maturity needed to become a soldier.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 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.
SECTION B-APPLICANT’S SUBMISSIONS


 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 000512, with one (1) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
          ( ) Tender Offer
         c. Review/hearing location and date: Washington, DC on 21 June 2000 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (2) The characterization of service was too harsh.

         b. Request: ( X ) Recharacterization ( ) Change of Reason

2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

          b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.
(2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. 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. The Board also noted the lack of any other derogatory information in the record and the unit commander's recommendation for an honorable discharge. Based on these factors, the Board determined that relief is warranted based upon consideration of the applicant's otherwise noteworthy record. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board found that the reason for discharge was proper and equitable and voted not to change it.

 (1) See Paragraph 3, below.

 3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .
2. Voting record: Change No Change
         Reason 0 5
Characterization 5 0

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. RON WILLIAMS
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 23 June 2000

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

 ( X )   Change the characterization of discharge to Honorable .


SECTION B - CERTIFICATION

Approval Authority:


WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

 AR Number: 2000042489 INDEX NUMBERS: A9202
Date of Review: 000621 A9203
Character of Service: GD A9218
Date of Discharge: 950427 A9406
Authority: AR 635-200 C13
Reason: A4900
Results of Board Action/
Vote/Affirmation: HD 5-0 A







PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X  X           

2.      Mbr      X  X           

3.      Mbr      X  X           

4.      Mbr      X  X           

5.      PO      X  X           






Similar Decisions

  • ARMY | DRB | CY2000 | 2000043979

    Original file (2000043979.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 1999025681

    Original file (1999025681.rtf) Auto-classification: Approved

    SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025681 INDEX NUMBERS: A9218 Date of Review: 990526 A0100 Character of Service: GD A9445 Date of Discharge: 940923 Authority: AR 635-200 C13 Reason: A4900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2003 | 2003089768

    Original file (2003089768.rtf) Auto-classification: Denied

    Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application...

  • ARMY | DRB | CY1999 | 99031387

    Original file (99031387.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999031387 INDEX NUMBERS: A0100 Date of Review: 991027...

  • ARMY | DRB | CY2001 | 2001054012

    Original file (2001054012.rtf) Auto-classification: Approved

    The evidence of record shows that on 15 December 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with an honorable discharge. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board found that the reason for discharge was proper and equitable and voted not to change it.

  • ARMY | DRB | CY2001 | 2001059402

    Original file (2001059402.rtf) Auto-classification: Approved

    The evidence of record shows that on 31 August 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with a general discharge. On 5 September 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general. The Board determined that the reason for discharge was proper and...

  • ARMY | DRB | CY2002 | 2002077031

    Original file (2002077031.TXT) Auto-classification: Approved

    Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. The Board determined that the reason for discharge was proper and equitable, and voted not to change it. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2000 | 2000038500

    Original file (2000038500.rtf) Auto-classification: Approved

    Evidence of record shows that on 5 March 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with a general discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and submitted a statement in his own behalf. The Board carefully reviewed the...

  • ARMY | DRB | CY2003 | 2003088272

    Original file (2003088272.rtf) Auto-classification: Approved

    On 4 February 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635 200, by reason of unsatisfactory performance (i.e., two consecutive failures of the Army Physical Fitness Test), with a general discharge. Regulations currently in effect list the reason for the applicant’s discharge as “Physical Standards.” Accordingly, the Board voted to change the narrative reason on the DD Form 214 to “Physical Standards” with a...

  • ARMY | DRB | CY2003 | 2003096341

    Original file (2003096341.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2003096341 INDEX NUMBERS: A9445 Date of Review: 040308...