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):  010817

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:
                                           AAM(5th Awd)  ASR
    a.  Period entered for:  3 Years               GCMDL(2nd Awd)   OSR
    b.  Entry date:  991213                        NDSMC       KLM(K)
    c.  Age:  30 Years   DOB:  690117              SWASMw/1BSS CGSOSR
    d.  Educational level:  GED                    HSM


    e.  Aptitude area score:                       NCOPDR
          GT:  104                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          1 Year  4 Month(s)  4 Day(s)

                                               4.  Performance evaluations:

                                                   See OMPF (microfiche)

                         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:  Applicant had prior service in the USAR, ARNG, and Coast
              Guard.  Total time in service calculated using DD Form 214.

                       SECTION B - Prior Service Data
                                 See Remarks

Other discharge(s):

      Service    From  To    Type Discharge
      RA    940210     960612     Honorable
      RA    960613     991212     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 7 August 2001, DA, HQ, III Corps
and Fort Hood, Fort Hood, Texas, Orders 219-0233 discharged the applicant
from the Regular Army, effective 17 August 2001.  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 unsatisfactory performance, with an honorable discharge.
The specific facts and circumstances pertaining to the applicant’s
discharge are not contained in the available records.

      b.  On 17 August 2001, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 8 months, and 4 days of
active military service in the period under review and had a total of 15
years and
25 days of active 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 040127, with multiple 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 10 November
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 separation 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.  All the specific facts and
circumstances concerning events that led to the applicant’s discharge from
the Army are not contained in the official record.  The applicant asserts
that he was discharged under the provisions of Chapter 13, AR 635-200, by
reason of unsatisfactory performance because he failed the Army Physical
Fitness Test (APFT) on two occasions in April 2001.  The record contains a
DA Form 1059 (Service School Academic Evaluation Report) showing that the
applicant was academically relieved from BNCOC due to failing the APFT on
two occasions.  The record also contains DA Form 2166-7 (NCO Evaluation
Report) for the period 2000/10 through 2001/06 which shows that the
applicant successfully passed the APFT in May 2001.  This report also
showed that the applicant needed improvement in the rated NCO
responsibility of “Competence,” his rater  indicating that he did not have
the tactical or technical knowledge as that of his peers.  His senior rater
indicated that his overall performance and potential was “fair,” and that
he would be ready for positions of greater responsibility with additional
training.  Therefore, while the Board was unable to determine whether the
applicant was discharged solely because of failing the APFT, it noted that
he served for over 7 years in the Regular Army, received many personal
awards and decorations, and was honorably discharged without any loss of
rank or time.  Since his discharge from the Army, the Board noted that he
has successfully served in the Naval Reserve, and in February 2003, he
enlisted in the Texas Army National Guard for a period of two years.  Given
the above factors, and taking cognizant of the applicant’s 17 years of
total service, the Board found that the narrative reason is now
inequitable.  Accordingly, the Board voted to grant relief by changing the
narrative reason to Secretarial Authority.  This action includes a change
in RE code to 1.

        (1)  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                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      ( X ) Inequitable as to reason.  Change reason to Secretarial
           Authority
            under Chapter 5, 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:  12 November 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 reason and authority for discharge to
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  Change RE code to 1.


                          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:  2004105585                    INDEX NUMBERS:  A9456
Date of Review:  041110                                   A1200
Character of Service:  HD
Date of Discharge:  010817
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