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