Applicant Name: ?????
Application Receipt Date: 2008/03/04 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant states that he was discharged for failure to pass his APFT. He injured his leg while at Fort Benning and spent one month in a medical convalescence unit and 3 months in rehabilitation and physical therapy. His leg could no longer tolerate the PT; it inflamed swelled, hurt, and retained fluid. As hard as he tried he was unable to perform to Army standards and did not qualify for a medical board and had to suffer with poor command and facilities at Fort Bliss.
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: 070511
Discharge Received: Date: 070518 Chapter: 13 AR: 635-200
Reason: Physical Standards RE: SPD: JFT Unit/Location: A Btry, 1-56 ADA Bn, Fort Bliss, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070409, failure to report and disobeyed a lawful order from an NCO (070328), false statement with intent to deceive (060518), reduction to E-1, 14 days extra duty and restriction (CG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 060302 Current ENL Term: 3 Years 18 weeks
Current ENL Service: 01 Yrs, 02Mos, 17Days ?????
Total Service: 01 Yrs, 02Mos, 17Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: None GT: 114 EDU: NIF Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Monee, IL
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 11 May 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 several APFT failures, with a general under honorable conditions discharge. He was advised of his rights. The applicant waived his right to 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. The intermediate commander reviewed the proposed discharge action and recommended approval with a general under honorable discharge. On 16 May 2007, 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 and the issue submitted with the application, 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 applicants discharge was appropriate because the quality of the service was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of 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: 19 December 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 discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080003702
______________________________________________________________________________
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