DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
29 April 2005
Office of the President
After careful review of your application, military records and all
other available evidence, the Army Discharge Review Board determined that
you were properly and equitably discharged. Accordingly, your request for
a change in the character and/or reason of your discharge is denied.
You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records. Enclosed are the necessary applications for requesting a
review from both boards. If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.
Be advised that the Army Discharge Review Board operates on a 15-year
statute of limitations from the date of discharge; therefore, you must
reapply within this time frame for a hearing.
If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that Directive. The complaint
procedure does not permit you to challenge the merits of the decision, but
is designed solely to ensure that the decisional document meets applicable
requirements for clarity and responsiveness. You may obtain a copy of DoD
Directive 1332.28 by writing to: Army Review Board Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.
Sincerely,
Robert L. House
Colonel, U.S. Army
President
Enclosure
MILITARY REVIEW BOARDS
Case Report & Directive
PART I - IDENTIFICATION DATA
NAME: ADDRESS:
PHONE:
COUNSEL: ADDRESS:
PHONE:
ALTERNATE PERSON(S) TO BE NOTIFIED: ADDRESS:
RELATIONSHIP: PHONE:
TYPE REPORT:
( X ) Original
( ) Addendum
REMARKS
Case Management Data
( X ) Response to other correspondence required upon completion of case.
( ) DD Form 149 in file. Send case to ABCMR.
OSA FORM 172 (REVISED) 22 May 98 Cover Sheet
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): 040218
3. Authority for separation:
a. Regulation: Chapter 13, Paragraph 13-2e, AR 635-200
b. Reason: Physical Standards
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: 4 Years
b. Entry date: 030717
c. Age: 18 Years DOB: 850221
d. Educational level: HS Grad
e. Aptitude area score:
GT: 115 3. Highest grade
achieved:
f. Length of Service: E2
0 Year(s) 7 Month(s) 2 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. All the specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records. The
applicant submitted a copy of the unit commander’s recommendation for
separation dated 4 February 2003. In this recommendation, the unit
commander indicates that the applicant failed the end of cycle PT test on
five occasions and could not meet the minimum standards required of Initial
Entry Training. On 11 February 2004, DA, HQ, U.S. Signal Center and Fort
Gordon, Fort Gordon, GA, Orders 042-0907 discharged the applicant from the
Regular Army, effective 18 February 2004. The record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty) which was authenticated by the applicant. His DD Form 214 indicates
that he was discharged under the provisions of Chapter 13, AR 635-200 by
reason of physical standards with an honorable characterization of service.
b. On 18 February 2004, the applicant was discharged. At the time
of discharge, the applicant had completed 7 months and 2 days of active
military service in the period under review.
c. The Board noted that there is an error on the applicant’s DD Form
214, Block 26. Separation authority should read “AR 635-200, Para 13-2e.”
The separation code, RE code, and narrative reason for separation are
correct. Notwithstanding this minor error, the Board concluded that the
applicant has not been prejudiced by the error on his DD Form 214.
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. Paragraph 13-2e, in pertinent
part, provides that 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 040829, with four (4) 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, D.C. on 27 April
2005.
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:
( ) Additional issue(s) identified during review/hearing as
follows:
b. Request: ( X ) 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.
(1) The issue is rejected. 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. The Board noted that
the applicant was properly recommended for discharge under the provisions
of Paragraph 13-2e, AR 635-200, because he was unable to successfully pass
the Army physical fitness test required of Initial Entry Training. AR 635-
5, Separation Documents, directs that the narrative reason for discharge
for those separated under the provisions of Chapter 13-2e, be annotated as
“Physical Standards” on the DD Form 214. This annotation does not denote a
physical and/or medical condition; it denotes only an individual’s
inability to successfully meet the Army’s physical fitness standards. To
change the applicant’s reason for discharge to “unsatisfactory performance”
would result in a less favorable reason for discharge. It is the policy of
the Board not to change a record if the change would result in a less
favorable action to the applicant. The Board, being convinced that the
reason for discharge and the characterization of service were both proper
and equitable, voted to deny relief.
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 .
( X ) Equitable.
( ) Inequitable as to characterization. Change characterization to
.
( ) 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 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
NONE
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: 20040007438 INDEX NUMBERS: A9455
Date of Review: 050427 A0101
Character of Service: HD
Date of Discharge: 040218
Authority: AR 635-200 C13
Reason: A4900
Results of Board Action/
Vote/Affirmation: NC 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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