Applicant Name: ?????
Application Receipt Date: 071116 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 submitted by the Applicant. Applicant states, "At the time of discharge, my Unit commander was unhappy with my decision to get out after being held in over my original ETS date. During my time in service I never received an article 15's, or was demoted in any way. This characterization is keeping me from working job that I need to help me and still serve my country on the civilian side."
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 021029 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: 297th MI Bn, 513th MI Bde,
Ft Gordon, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 980617 Current ENL Term: 4 Years ?????
Current ENL Service: 04 Yrs, 04 Mos, 13 Days Applicant was retained past ETS date due to Stop Loss.
Total Service: 04 Yrs, 04 Mos, 13 Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 96B Intelligence Analyst GT: 96 EDU: HS Grad Overseas: Korea, Saudi Arabia, Trial Defense Memo indicates the Applicant served in Kuwait and that he received an AAM award but there is no record of evidence in the file Combat: None
Decorations/Awards: NDSM, ASR, OSR
V. Post-Discharge Activity
City, State: Columbia, SC
Post Service Accomplishments: None listed by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. 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 two consecutive record Army Physical Fitness Test failures (020225 & 020731), with a general under honorable conditions discharge. The Applicant was advised of his rights, 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 21 October 2002, 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, under honorable conditions discharge is normally considered appropriate, however, a fully 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 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: 1 October 2008 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 3 No change 2
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Physical Standards
Other: Change SPD Code to JFT
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070016534
______________________________________________________________________________
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