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Decision Text

ARMY | DRB | CY2006 | AR20060013551
Original file (AR20060013551.txt) Auto-classification: Denied
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.  Soldier’s 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 applicant’s 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 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 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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