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ARMY | DRB | CY2000 | 2000045618
Original file (2000045618.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): 990617

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:
                            ASR
a. Period entered for: Years
b. Entry date: 960620
c. Age: 18 Years DOB: 771204
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 116 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 11 Month(s) 28 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: Bar to Reenlistment (990601)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USAR 950814 960619 NA



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 9 June 1999, Orders 160-00204, DA, US Army Chemical and Military Police Centers and Fort McClellan, AL, discharged the applicant from the Regular Army, effective date: 17 June 1999. The applicant was available to sign his DD Form 214 (Certificate of Release or Discharge from Active Duty). His DD Form 214 indicates that he was discharged under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JHJ (i.e., unsatisfactory performance). The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.

         b. On 17 June 1999, the applicant was discharged. At the time of discharge, the applicant had 2 years, 11 months, and 28 days on his current enlistment.

2. Legal/Regulatory Basis for Separation Action : 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.
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 000728.
         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 13 September 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: (4) 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.

 (4) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The record is void of specific details leading to the applicant’s discharge, however in the absence of information to the contrary, the Board found the applicant’s explanation that he was discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test plausible. The Board noted the lack of any other derogatory information in the record and determined that the characterization of service was inequitable based upon the length and quality of the applicant’s service. 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), (2), and (3) 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       

                                 
Ms. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 15 September 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 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: 2000045618 INDEX NUMBERS: A9406
Date of Review: 000913 A9218
Character of Service: GD A0101
Date of Discharge: 990617
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           





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