Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060010215
Original file (AR20060010215.txt) Auto-classification: Denied
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.  Soldier’s 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 applicant’s 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 applicant’s 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 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 narrative reason for separation 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 (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. 
______________________________________________________________________


Page 5 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090014967

    Original file (AR20090014967.txt) Auto-classification: Denied

    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. Accordingly, the analyst recommends to the Board that the narrative reason for separation on the DD Form 214 be changed to "Physical Standards" with the corresponding separation code of "LFT."

  • ARMY | DRB | CY2007 | AR20070013901

    Original file (AR20070013901.txt) Auto-classification: Denied

    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 | CY2007 | AR20070011782

    Original file (AR20070011782.txt) Auto-classification: Denied

    Current ENL Service: 00 Yrs, 10Mos, 13Days ????? Facts and Circumstances: The evidence of record shows that on 23 November 1994, 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 failure of two consecutive Army Physical Fitness Test, with a honorable discharge. Regulations currently in effect list the narrative reason for separation as “Physical Standards.” Accordingly,...

  • ARMY | DRB | CY2006 | AR20060013361

    Original file (AR20060013361.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 7 October 1991, 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 (you will not develop sufficiently to become a satisfactory soldier; received a field grade article 15, and repeated counseling statements), with a general discharge. On 15 October 1991, the separation authority waived further rehabilitative efforts...

  • ARMY | DRB | CY2010 | AR20100018333

    Original file (AR20100018333.txt) Auto-classification: Denied

    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 | CY2009 | AR20090012968

    Original file (AR20090012968.txt) Auto-classification: Denied

    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."

  • ARMY | DRB | CY2006 | AR20060009778

    Original file (AR20060009778.txt) Auto-classification: Denied

    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. c. Response to Issues, Recommendation and...

  • ARMY | DRB | CY2006 | AR20060008181

    Original file (AR20060008181.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 20 September 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct (his inability to meet the minimum Army Physical Fitness Test (APFT) standards), with an uncharacterized discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the...

  • ARMY | DRB | CY2006 | AR20060012657

    Original file (AR20060012657.txt) Auto-classification: Denied

    Current ENL Service: 0 Yrs, 9 Mos, 16 Days ????? Facts and Circumstances: The evidence of record shows that on 8 July 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 (you failed three Army Physical Fitness Test's, on 23 April, 1999, and two make-up record APFTs on 4 June 1999 and 17 June 1999), with a general, under honorable conditions discharge. Board Action...

  • ARMY | DRB | CY2009 | AR20090009674

    Original file (AR20090009674.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 26 September 2007, 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 two consecutive failures of the Army physical fitness test with a honorable conditions discharge. Accordingly, the analyst recommends to the Board that the narrative reason for separation on the DD Form 214 be changed to "Physical Standards"...