Application Receipt Date: 2006/09/22
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See 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: 2004/12/07
Discharge Received: Date: 2004/12/17
Chapter: 13 AR: 635-200
Reason: Physical Standards
RE: SPD: JFT
Unit/Location: C Company, 7th Battalion, 101st Aviation Regiment, Fort Campbell, Kentucky 42223-5000
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: 1974/07/03
Current ENL Date: 2001/05/30 Current ENL Term: 4 Years
Current ENL Service: 03 Yrs, 06Mos, 17Days
Total Service: 09 Yrs, 02Mos, 20Days
Previous Discharges: 1998/09/30 - 2001/05/29 HD ARNG, 931228 - 940330 UNC,
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 15U10 CH 47 Helicopter Repair 2 Years; 31B10 Military 6 Years 3 Months GT: 110 EDU: HS Grad Overseas: Kosovo, SWA, Korea Combat: Kuwait / Iraq (20030120 - 20040207)
Decorations/Awards: AAM, ACM, AGCM, GWOTEM, GWOTM, NDSM,KDSM, KCM, NM, ASR, OSR,
V. Post-Discharge Activity
Home of Record: Campbell CA
Current Address: 2705 Gillmeister Ln.
temple TX 76502
United States
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 07 December 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, with a general discharge. The specific reasons for this action were on 26 May 04, 27 Oct 04 and 4 Nov 04, the applicant failed three record Army Physical Fitness Tests. 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.
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 for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable. 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. The analyst also noted the lack of any other derogatory information in the record. In view of the aforementioned, the analyst recommends to the board that the characterization of service be upgraded to Honorable. However, the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 071128
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 04 No change 01 - Character
Change 00 No change 05 - 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.
Case report reviewed and verified by: Earl Silver, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
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:
CHRISTINE U. MARTINSON DATE: 071130
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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