Application Receipt Date: 060710	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 with attachments

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: 940607
Discharge Received:     Date: 940628   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: LHJ
Unit/Location: HQ & HQ Battery, 4th Battalion, 5th Air Defense Artillery, 1st Cavalry Division, Fort Hood, TX  76545 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  670308  
Current ENL Date: 930421    Current ENL Term: 3 Years  23 Weeks
Current ENL Service: 1 Yrs, 2 Mos, 8 Days ?????
Total Service:  1 Yrs, 2 Mos, 8 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 14J10 Early Warning System Operator   GT: 109   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with attachments

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 7 June 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (failing to maintain yourself in good physical condition in order to meet the Army Physical Fitness Test, of which you failed two record tests 15 March 1994, and 25 May 1994), 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 submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 13 June 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be released from active duty with a general, under honorable conditions discharge.  The applicant was transferred to the Individual Ready Reserve (IRR).  

      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 applicant’s military records for the period of enlistment under review, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable and a change to the narrative reason for discharge.  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 his company commander recommended that he receive an honorable discharge,  In addition, the analyst also noted the lack of any other derogatory information in the record.  In view of the foregoing, the analyst determined that the characterization of service and the narrative reason for discharge is inequitable.  Regulations currently in effect list the narrative reason for discharge as physical standards, with a corresponding separation code (SPD) of "LFT."   
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 June 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 5    No change 0   - Character
		 			      Change 5    No change 0   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is now inequitable.  The Board found that the unit commander recommendation for an honorable characterization of service, the length and quality of the applicant's service, his post service accomplishments and the time that has elapsed since his discharge warranted an upgrade of the discharge under review.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  Furthermore, the Board found that the narrative reason for discharge was inequitable.  Regulations currently in effect list the reason for the applicant’s discharge as physical standards.  Accordingly, the Board voted to change the narrative reason on the DD Form 214 to current standards “physical standards” with a corresponding separation code (SPD) of "LFT."  















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 (SPD) of "LFT." 
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: 29 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009778

Applicant Name:  Mr.        
______________________________________________________________________


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