Application Receipt Date: 060703
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: 020911
Discharge Received: Date: 021023
Chapter: 13 AR: 635-200
Reason: Physical Standards
RE: SPD: JFT
Unit/Location: C Battery, 2nd Bn 20th Field Artillery 4th ID (Mech) Fort Hood, TX 76544
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: 700626
Current ENL Date: 011031 Current ENL Term: 3 Years ?????
Current ENL Service: 00 Yrs, 11 Mos, 23 Days ?????
Total Service: 11 Yrs, 09 Mos, 10 Days ?????
Previous Discharges: ARNG-921113-951229/NA
RA-941230-970528/HD
RA-970529-011030/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 13R10 FA Firefinder Radar Operator GT: 113 EDU: HS Grad Overseas: SouthWest Asia Combat: Saudia Arabia (900802-920901)
Decorations/Awards: AAM, NDSM, (2), SWASM w/ 3 BSS, ASR, KLM (SA), KLM (K), AFGCM, AFOSSLTR
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 11 September 2002, 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 (failed two consecutive record Army Physical Fitness Tests on 8 July 2002 and 9 August 2002), with a general, under honorable conditions 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 16 September 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.
The analyst noted that on the applicant's DD Form 214, the Separation Authority is listed as AR 635-200, Paragraph 13-2 (f), should read Paragraph 13-2 (e). The analyst recommends that the Board administratively change the Separation Authority to read AR 635-200,"Paragraph 13-2 (e)."
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 during the period of enlistment under review and the issue he submitted, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as the incidents of unsatisfactory performance. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's unsatisfactory performance is not condoned, the analyst found that the overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries in his service record. However, the analyst determined that the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 June 2007
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 5 No change 0 - Character
Change 0 No change 5 - 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 characterization of service was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for 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:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009423
Applicant Name: Mr.
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