PART II - APPLICATION DATA

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

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  970711

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:
                                           NONE
    a.  Period entered for:  6 Years
    b.  Entry date:  981016
    c.  Age:  21 Years   DOB:  770115


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  112                               3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          0 Year(s)  8 Month(s)  26 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
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 1 July 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.  The reason for the unit
commander’s action was the applicant’s failure to pass the Army Physical
Fitness Test.  She was advised of her rights.  The applicant waived her
right to consult with legal counsel, was advised of the impact of the
discharge action, and did not submit a statement in her own behalf.  The
unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts.  On 10 July 1997, the separation
authority waived further rehabilitative efforts and directed that the
applicant be discharged with a characterization of service of honorable.


      b.  On 11 July 1997, the applicant was discharged.  At the time of
discharge, the applicant had completed 8 months and 26 days of active
military service in the period under review.

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 030910.
      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, D.C. on 28 July
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:  (2)  The narrative reason for discharge is
inequitable.


      b.  Request:  (   ) Recharacterization     ( X ) 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 from active duty for the
sole reason of a failure to meet the minimum standards on the Army Physical
Fitness Test.  The Board also noted the lack of any other derogatory
information in the record.  Based on these factors, the Board determined
that the narrative reason for discharge was inequitable.  Regulations
currently in effect list the reason for the applicant’s discharge from
active duty as “Physical Standards.”  Accordingly, the Board voted to grant
partial relief by changing the narrative reason on the DD Form 214 to
“Physical Standards” with a corresponding separation code of “JFT.”

        (1)  The issue is rejected.  The applicant’s medical service
records were not available for review.  Although, the applicant indicated
she was submitting evidence showing she is in receipt of VA service-
connected disability for migraines (which impaired her ability to pass the
APFT), this evidence was not associated with the official record.  Given
the above, there is no evidence available showing the applicant was unable
to pass the APFT due to migraines and passing out.  The applicant’s APFT
Scorecard (DA Form 705) shows that she failed to pass her last record APFT
on 970326 because she left the running track.

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.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      ( 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       0         5

        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
                  1901 South Bell Street, 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:  30 July 2003

     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 reason and authority for discharge to
            Physical Standards, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  Change SPD to “JFT.”

                          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:  2003098567                    INDEX NUMBERS:  A9456
Date of Review:  040728                                   A9442
Character of Service:  HD                                 A0100
Date of Discharge:  970711
Authority:  AR 635-200 C13
Reason:  A4900
Results of Board Action/
Vote/Affirmation:  MD 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