Application Receipt Date: 060424
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293.
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: NIF
Discharge Received: Date: 010907
Chapter: 13 AR: 635-200
Reason: Physical Standards
RE: SPD: JFT
Unit/Location: 0001AGHQS Personnel Services FC Fort Riley, KS 66442
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 790910
Current ENL Date: 000928 Current ENL Term: 3 Years ?????
Current ENL Service: 00 Yrs, 11 Mos, 09Days ?????
Total Service: 04 Yrs, 01 Mos, 03 Days ?????
Previous Discharges: RA-970805-000927/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 75H10 Personnel Spec GT: 105 EDU: HS Transcript Overseas: None Combat: None
Decorations/Awards: AGCM, ASR
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 specific facts and circumstances leading to the applicants discharge are not contained in the available records. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 13, paragraph 13-2e by reason of physical standards, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code ofJFT (i.e., physical standards) with a reentry eligibility (RE) code of "3". Evidence of record shows that on 5 September 2001, Orders 248-0006, DA, HQ, 24th Infantry Division (Mech), Fort Riley, Kansas, discharged the applicant from the Regular Army, effective date: 7 September 2001.
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 a careful review of all the applicants available records for the period of enlistment under review, the analyst recommend that relief be denied in this case. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed. That DD Form 214 indicates that the applicant was discharged under the provisions of AR 635-200, Chapter 13, paragraph 13-2e, by reason of physical standards, with a reentry eligibility (RE) code of "3", and a characterization of service of general, under honorable conditions. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct or poor duty performance. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 070228
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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 and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 070307
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006019
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2006 | AR20060002398
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061222 Lieutenant Colonel, U.S. Army Chief, Secretary...
ARMY | DRB | CY2010 | AR20100015993
Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200, paragraph 13-2e by reason of physical standards, with a characterization of service of general, under honorable conditions. Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 14 May 2010 and a DD Form 149 dated 14 May 2010.
ARMY | DRB | CY2007 | AR20070013901
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that 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 for failing two record Army Physical Fitness Tests (the dates and documentation are not contained in the available file) with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of...
ARMY | DRB | CY2008 | AR20080018397
Application Receipt Date: 2008/11/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the Applicant in which Applicant states, "Current job requires a security clearance for advancement, current employer requires personell to have an honorable discharge and nothing less." Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and...
ARMY | DRB | CY2009 | AR20090012968
Applicant Name: ????? 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 and that the unit commander recommended an honorable characterization of service. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Physical Standards," and the separation code is "LFT."
AF | DRB | CY2006 | AR20060015443
Facts, Circumstances, and Legal Basis for Separation a. His DD Form 214 indicates that he was discharged under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a characterization of service of fully honorable. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a characterization of service of fully honorable.
ARMY | DRB | CY2010 | AR20100020642
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 28 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13-2e, AR 635-200, by reason of unsatisfactory performance for failing to meet the minimum standards for the Army Physical Fitness Test on at least ten occasions, eight of which were diagnostic examinations and two were for the record. Service of Soldiers separated because of...
ARMY | DRB | CY2012 | AR20120005942
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he received a Chapter 13 and discharged under a general discharge for failure of two consecutive physical fitness tests; he was not given an opportunity for a change in unit; he has never received an Article 15 in his whole career in the Army; and he has received the Army Good Conduct Medal for every three years of service. Facts and Circumstances: The evidence of record shows that on 9...
ARMY | DRB | CY2010 | AR20100018333
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that 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 for failing two consecutive Record Army Physical Fitness Tests with an honorable discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: "Physical Standards"...
ARMY | DRB | CY2010 | AR20100022330
Applicant Name: ????? Accordingly, the analyst recommends to the Board that the characterization of service be changed to "Honorable" and the narrative reason for separation on the DD Form 214 be changed to "Physical Standards" with the corresponding separation code of "JFT." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: "Physical Standards" under the provisions of AR 635-200, Chapter 13-2e, with the...