Application Receipt Date: 060627
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: 040720
Discharge Received: Date: 040729
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: C Company, 1/222nd Aviation Regiment, 8th Transportation Brigade, Fort Lewis, VA 23604
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: 830819
Current ENL Date: 030918 Current ENL Term: 6 Years ?????
Current ENL Service: 0 Yrs, 10 Mos, 12 Days ?????
Total Service: 0 Yrs, 10 Mos, 12 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: None GT: 116 EDU: HS Grad 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:
Evidence of record shows that on 20 July 2004, 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 (you failed two consecutive APFT tests), with an honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 26 July 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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 a careful review of all the applicants military records, and the issue he submitted, the analyst found that the narrative reason for discharge is inequitable. The analyst noted that the unit commander properly initiated separation action under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance with an honorable characterization of service. Regulations currently in effect list the reason for the applicant's discharge from active duty as "Physical Standards." According, the analyst recommendeds that the Board vote to change the narrative reason on the DD Form 214 to "Physical Standards" with a corresponding separation code of "JFT." Furthermore, If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 30 May 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
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 narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicants discharge as physical standards. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to physical standards, with a corresponding separation code of "JFT."
Case report reviewed and verified by: Mr. Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: "Physical Standards", under the provisions of Chapter 13, AR 635-200, with a corresponding separation code of "JFT."
Other: None
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 8 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009215
Applicant Name: Mr.
______________________________________________________________________
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