Applicant Name:
Application Receipt Date: 070823
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the applicant
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: 941123
Discharge Received: Date: 941229
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: LHJ
Unit/Location: 54th QM Co, 240th QM Bn, Fort Lee, VA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 1969/11
HOR City, State: Americas, GA
Current ENL Date: 940217 Current ENL Term: 03 Years ?????
Current ENL Service: 00 Yrs, 10Mos, 13Days ?????
Total Service: 02 Yrs, 07Mos, 09Days ?????
Previous Discharges: RA-920521-940216/HD
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 57F10/Mortuary Affairs Specialist GT: 125 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. 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. 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. On 16 December 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a honorable discharge. The applicant was transferred to the U.S. Army Reserve Control Group.
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 during the period of enlistment under review, documents, and the issue he submitted, the analyst found that the narrative reason for separation is now inequitable. Regulations currently in effect list the narrative reason for separation as Physical Standards. Accordingly, the analyst recommends to the Board that the narrative reason on the applicant's DD Form 214 be changed to current standards Physical Standards with a corresponding separation code of LFT.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 1 August 2008
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 0 No change 0 - Character
Change 5 No change 5 - 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 is inequitable. Regulations currently in effect list the narrative reason for separation as Physical Standards. Accordingly, the board voted to change the applicant's narrative reason for separation to Physical Standards with a corresponding separation code of LFT.
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: "Physical Standards" under the provisions of Chapter 13, AR 635-200, with a corresponding separation 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: 1 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070011782
______________________________________________________________________
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