Application Receipt Date: 060112
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant requests a change in reason of his discharge from unsatisfactory performance to satisfactory performance. He states, in effect, that he thought all along that he was being discharged because of the medical condition of his legs (shin splints), not unsatisfactory performance. He contends that he was forced to sign the paperwork by a drill sergeant who ordered him to sign it. It wasn't until early October, soon after his discharge, that he took the time to read over the discharge paperwork.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer:
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 010920
Discharge Received: Date: 011001
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: 120th AG Battalion, Fort Jackson, SC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 741109
Current ENL Date: 010104 Current ENL Term: 6 Years
Current ENL Service: 0 Yrs, 8Mos, 28Days
Total Service: 0 Yrs, 8Mos, 28Days
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: None GT: 116 EDU: GED Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 20 September 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance (failure to pass the APFT on numerous occassions and no improvement in the events in which he was deficient), with an honorable discharge. He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did submit statements in his own behalf; however, those statements are not available to the Board for review. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of fully honorable.
b. Legal Basis for Separation:
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, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
c. Response to Issues, Recommendation and Rationale:
After carefully analyzing the applicants record of service during the period of enlistment under review, the analyst noted that the applicant was discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test. Regulations currently in effect list the reason for the applicants discharge as Physical Standards. Accordingly, it is recommended that the Board vote to change the narrative reason on the DD Form 214 to Physical Standards with a corresponding separation code of JFT.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 060516
Location: Tampa, FL
Did the Applicant Testify? Yes No
Counsel: Florida Department of Veterans Affairs
Witnesses/Observers:
Exhibits Submitted:
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony, and considering the analysts recommendation and rationale, the Board determined that the narrative reason for discharge is now inequitable, based on current standards, and voted to change it it to "Physical Standards" and the separation code to "JFT".
Case report reviewed and verified by: Richard P. Nelson, Examiner
X. Board Action Directed
No Change
Change Characterization to:
Change Reason to: Physical Standards
Other: Change separation code to JFT.
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
xx
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
xx DATE: 060605
Colonel, U.S. Army
Chief, Secretary Recorder
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