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): 940513
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:
NDSM
a. Period entered for: 4 Years AFEM
b. Entry date: 930211 ASR
c. Age: 24 Years DOB: 680321 Sea Svc Depl Ribbon w/1
Star
d. Educational level: HS Grad Navy E Ribbon-1
e. Aptitude area score:
GT: 113 3. Highest grade
achieved:
f. Length of Service: E4
1 Year 2 Months 16 Days
4. Performance evaluations:
NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued
5. Periods of unauthorized absence:
Status Inclusive dates
AWOL 940106-940122
Mil conf
Civil conf
Other
6. Nonjudicial punishment:
Date Offense(s)
940126 AWOL (940106-940122); Failed to go at the time prescribed
to his appointed place of duty, two (2) specifications (940103
& 940106)(Company Grade)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: Local Bar to Reenlistment approved on 940321 due to the
applicant’s failure to meet the Army’s physical fitness standards and
apathy towards the Army.
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
USNR 870103 870119 NA
USN 870120 910119 Honorable
USNR 910120 930210 NA
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. All the fact and circumstances leading to the applicant’s
released from active duty is not contained in the available records.
Evidence of record shows that on 11 April 1994, 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 characterization of service. Specifically, the unit commander
initiated the applicant’s separation from active duty due to his two
consecutive Army Physical Fitness Tests failures. He was advised of his
rights. On 5 May 1994, 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 record contains a properly constituted DD
Form 214 (Certificate of Release or Discharge From Active Duty),
authenticated by the applicant’s signature. His DD Form 214 indicates that
he was released from active duty and assigned to the USAR Control Group,
under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory
performance, with a characterization of service of general, under honorable
conditions.
b. On 13 May 1994, the applicant was released from active duty. At
the time of release, the applicant had completed 1 year, 2 months, and 16
days of active military service and accrued 17 days lost time in the period
under review and had a total of 5 years, 4 months, and 2 days of total
military service.
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, to include separation for those
individuals who fail to maintain Army physical standards. Initiation of
separation proceedings is required for individuals without medical
limitations who have two consecutive failures of the Army physical fitness
test or who are eliminated for cause from Noncommissioned Officer Education
System courses unless the responsible commander chooses to impose a bar to
reenlistment per AR 601-280. Service of individuals separated because of
unsatisfactory performance will be characterized as honorable or under
honorable conditions as warranted by their military records.
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 030829, with five (5) enclosures.
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 12 May 2004.
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: (6) The characterization of service was too harsh.
(7) The narrative reason for separation is
inequitable.
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.
(6) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as the incidents of unsatisfactory performance. Notwithstanding the
applicant’s nonjudicial punishment being absent without leave, the Board
noted that the applicant was released from active duty for the sole reason
of a failure to meet the minimum standards of the Army Physical Fitness
Test. The Board also noted that his unit commander recommended that the
applicant be released with an honorable characterization of service. In
view of the forgoing, the Board determined that relief is warranted.
Accordingly, the Board voted to grant partial relief by changing the
characterization of service to fully honorable.
(7) The issue is accepted. Regulations currently in effect list
the reason for the applicant’s release from active duty as “Physical
Standards.” Accordingly, the Board voted to change the narrative reason on
the DD Form 214 to “Physical Standards” with a corresponding separation
code of “LFT.”
(1-5) The issues are rejected. Changes to reentry eligibility
(RE) codes do not fall within the purview of this Board. If the applicant
desires to reenlist, he should contact the local recruiter to determine his
eligibility to reenlist. Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of RE codes. See response to issues (6) and (7) above.
3. Response(s) to item(s) not addressed as decisional issue(s): NONE
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.
( X ) Inequitable as to reason. Change reason to Physical Standards
under Chapter 13, AR 635-200.
( ) 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 5 0
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. RIVERA
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 14 May 2004
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.
( X ) Change reason and authority for discharge to
Physical Standards, Chapter 13, AR 635-200.
( X ) Other (See remarks below)
Remarks: This action entails a change to the SPD code to “LTF.”
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
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: 2003095758 INDEX NUMBERS: A9218
Date of Review: 040512 A9442
Character of Service: GD A0100
Date of Discharge: 940513
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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