Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060014815
Original file (AR20060014815.txt) Auto-classification: Denied
Application Receipt Date: 2006/10/19	

Prior Review    Prior Review Date: None

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

Issues: Applicant states that he is now a student at the University of Phoenix, a full time employee at Walgreen’s, and an active reservist.  He is proudly serving his country while working on his Bachelor of Arts in Criminal Justice.  He states that he is having difficulties with the general discharge but that he is now in better shape and can pass the Army Physical Fitness Test (APFT).

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: 020618
Discharge Received:     Date: 020722   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: LHJ
Unit/Location: 148th Military Police Co, Fort Carson, CO 80913 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020222, failure to report for the scheduled APFT (020130), disobeying a lawful order from an NCO to make a call (011230), reduction to E-2, forfeiture of $289, extra duty for 14 days (CG)
 
011218, failure to report to remedial training (011212), 10 days extra duty (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800707  
Current ENL Date: 000830    Current ENL Term: 5 Years  ?????
Current ENL Service: 01 Yrs, 10 Mos, 23 Days ?????
Total Service:  01 Yrs, 10Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 95B10/Military Police   GT: 100   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Student at University of Phoenix, active reservist, Walgreen's employee.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 18 June 2002, 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, for failure to report for leave sign-out (020603), for failure to report for duty driver (020601), failure to report to the scheduled APFT (020130), disobeying a lawful order from an NCO (011230), failure to report for remedial physical training (011212), and for failing the APFT (011205) with a general under honorable conditions discharge.  He was advised of his rights.  On 18 June 2002, 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 waiver of further rehabilitative efforts.  On 24 June 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge.  The applicant was transferred to the U.S. Army Reserve Control Group at St. Louis, MO.

      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.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 30 November 2007              
Location: Washington, D.C.

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 1    No change 4   - 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 discharge was both proper and equitable and voted to deny relief.  

Case report reviewed and verified by: Alejandro Champin, 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: 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: 30 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014815

Applicant Name:  Mr.      
______________________________________________________________________


Page 4 of 4 pages

Similar Decisions

  • ARMY | DRB | CY2007 | AR20070013910

    Original file (AR20070013910.txt) Auto-classification: Denied

    Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 070806 Chapter: 8-35c AR: (NGR) 600-200 Reason: Other Designated Physical or Mental Conditions RE: SPD: NA Unit/Location: Co E, 2-285th Avn Regt, Phoenix, AZ Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. An enlisted member separated for misconduct which includes unsatisfactory participation...

  • ARMY | DRB | CY2006 | AR20060010215

    Original file (AR20060010215.txt) Auto-classification: Denied

    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. 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." Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...

  • 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 | AR20060008530

    Original file (AR20060008530.txt) Auto-classification: Approved

    Current ENL Service: 02 Yrs, 02 Mos, 23 Days ????? Accordingly, the analyst recommend that the narrative reason for separation on the DD Form 214 be changed to "physical standards" with the corresponding separation code of "JFT." 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...

  • ARMY | DRB | CY2006 | AR20060011656

    Original file (AR20060011656.txt) Auto-classification: Denied

    Current ENL Service: 02 Yrs, 00 Mos, 13 Days ????? 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 (he was counseled for failing the APFT from 15 May 1998 to 10 December 1998, failure to follow instructions, disobeying on two occasions, late for formation on two occasions, failure to repair on six occasions, counseled...

  • AF | DRB | CY2006 | ar20060016771

    Original file (ar20060016771.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 20 April 2000, 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 to pass the APFT after numerous attempts with a general, under honorable conditions discharge. 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. ...

  • ARMY | DRB | CY2008 | AR20080016100

    Original file (AR20080016100.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 12 March 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 failure of 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:...

  • ARMY | DRB | CY2007 | AR20070013581

    Original file (AR20070013581.txt) Auto-classification: Denied

    Current ENL Service: 02 Yrs, 06Mos, 03Days ????? Facts and Circumstances: The evidence of record shows that on 26 August 2003, 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 APFT failure on more than two occasions and for not showing progress after being entered in the weight control program on 13 August 2002, with a general under honorable conditions discharge. ...

  • ARMY | DRB | CY2006 | AR20060006378

    Original file (AR20060006378.txt) Auto-classification: Approved

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Accordingly, the analyst recommends to the Board that the applicant's characterization of service be upgraded to honorable. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070307 Lieutenant Colonel, U.S. Army Chief,...

  • ARMY | DRB | CY2007 | AR20070000753

    Original file (AR20070000753.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 19 December 1995, 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 (he received numerous counselling statements for failing to perform his duties in a satisfactory manner, had trouble honoring his financial obligations, failed the APFT on two separate occasions for admission to BNOC, and was given ample opportunities...