Applicant Name:
Application Receipt Date: 2007/10/04
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The Applicant did not provide any issues of equity or propriety to be considered by the Board..
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: 030826
Discharge Received: Date: 030924
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: C Co, 1-43 ADA Bn, Camp, Humpreys, Korea
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: 1982/02
HOR City, State: Port Orchard, WA
Current ENL Date: 010322 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 06Mos, 03Days ?????
Total Service: 02 Yrs, 06Mos, 03Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 14T/Patriot Sys Opr GT: 108 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: NDSM, ASR, OSR
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 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. 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. On 9 September 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge. The applicant was not transferred to the U.S. Army Reserve Control Group.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13-2e of this regulation, states in pertinent part, that separation proceedings will be initiated for soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test. The reason for discharge will be shown as unsatisfactory performance. Service of soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions.
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 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 foregoing, the analyst recommends to the board that the characterization of service is inequitable. Furthermore, regulations currently in effect list the reason for the applicants discharge as physical standards. 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 "JFT."
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 August 2008
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 5 No change 0 - Character
Change 5 No change 0 - 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. Furthermore, regulations currently in effect list the reason for the applicants discharge as physical standards. Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to "Physical Standards" with the corresponding separation code of "JFT."
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Physical Standards with corresponding separation code of JFT
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: 13 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013581
______________________________________________________________________
Page 1 of 5 pages
ARMY | DRB | CY2006 | AR20060013551
Were Proper Discharge and Separation Authority procedures followed? 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 unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.
ARMY | DRB | CY2009 | AR20090009674
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"...
ARMY | DRB | CY2009 | AR20090012921
Service of Soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions 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 she submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully...
ARMY | DRB | CY2010 | AR20100017846
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 23 March 2010, 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 eight consecutive 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...
ARMY | DRB | CY2008 | AR20080007511
Accordingly, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. 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 is too harsh, and as a result it is inequitable based on the length of the applicants his...
ARMY | DRB | CY2007 | AR20070013901
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 | BCMR | CY2011 | AR20110005216
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 (SPD) code of "JFT." Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application and DD Form 214 for the period of service under review. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: Physical Standards" with...
ARMY | DRB | CY2008 | AR20080014684
Applicant Name: ????? Accordingly, the analyst recommends to the Board that the narrative reason for separation on the DD Form 214 be changed to current standards "Physical Standards" with the corresponding separation code of "JFT." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: Current Standards "Physical Standards" with the corresponding separation code (SPD) of "JFT" under provision of Chapter 13, AR 635-200.
ARMY | DRB | CY2006 | AR20060013040
Current ENL Service: 02 Yrs, 04 Mos, 07 Days ????? Facts and Circumstances: The evidence of record shows that on 11 September 2002, 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 (failed two consecutive record Army Physical Fitness Tests on 1 July and 29 September), with a general, under honorable conditions discharge. Certification Signature and Date Approval...
ARMY | DRB | CY2009 | AR20090005317
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 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 discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to:...