Application Receipt Date: 060721
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 990524
Discharge Received: Date: 990630
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: LHJ
Unit/Location: Headquarters and Headquarters Company, 3d Battalion, 81st Armor Regiment, Fort Knox, KY 40121
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: 740818
Current ENL Date: 990630 Current ENL Term: 03 Years ?????
Current ENL Service: 02 Yrs, 04Mos, 06Days ?????
Total Service: 02 Yrs, 04Mos, 06Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 55B10 (Ammunition Specialist) GT: 94 EDU: BA Overseas: None Combat: None
Decorations/Awards: 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 evidence of record shows that on 24 May 1999, 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 (failed a record APFT on 21 October 1998, a diagnostic APFT on 18 November 1998 and 16 December 1998, a second APFT on 29 January 1999, a diagnostic APFT on 3 March 1999 and 30 March 1999, and a third APFT on 30 April 1999), 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an honorable discharge. The applicant was transferred to the USAR Control Group (Annual Training).
A local bar to reenlistment was approved on the applicant 11 February 1999.
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 no mitigating factors that would merit an upgrade of the applicant's discharge. Evidence of record shows that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance with an honorable characterization of service. However, the analyst found that the narrative reason for discharge was inequitable and noted that the applicant was discharged for the sole reason of 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 current standards Physical Standards with a corresponding separation code (SPD) of "LFT."
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 15 August 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 NA No change NA - Character
Change 5 No change 0 - 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 separation 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 current standards Physical Standards, with a corresponding separation (SPD) code of "LFT."
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: "Physical Standards" under Chapter 13 AR 635-200, with a corresponding separation (SPD) code of "LFT."
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 22 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010215
Applicant Name: Mr.
______________________________________________________________________
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