Applicant Name:  ?????

Application Receipt Date: 2008/05/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the applicant.

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: 990222
Discharge Received: 			   Date: 990328   Chapter: 13     AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: LHJ   Unit/Location: 272nd MP Co, APO AE 0908698 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 960703    Current ENL Term: 5 Years  ?????
Current ENL Service: 	02 Yrs, 08Mos, 26Days ?????
Total Service:  		02 Yrs, 08Mos, 26Days Item 12a on the DD Form 214, date entered active duty this period shows the date of enlistment in the delayed entry program as (950801), which credits the applicant with a net active service this period of 03 Yrs, 07 Mos, 28 Days; however, the actual enlistment date annotated on the DD Form 4/3 is (960723), which the net active service this period is 02 Yrs, 08 Mos, 26 Days.  
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 95B10 Military Police   GT: 93   EDU: HS Grad   Overseas: Germany/Bosnia   Combat: None
Decorations/Awards: NDSM, AFSM, ASR, NM

V.  Post-Discharge Activity
City, State:  Lancaster, NH
Post Service Accomplishments: The applicant enlisted in the New Hampshire Army National Guard on 16 April 99 for a period of 04 Yrs, 03 Mos, 15 Days.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 February 1999, 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 the  failure of two (2) consecutive Physical Fitness Tests  since 27 July 1998, 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 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 5 March 1999, 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 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 during the period of enlistment under review and the issues he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as the incidents of unsatisfactory performance.  The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh, and as a result it is inequitable.  While the applicant's unsatisfactory performance is not condoned, the analyst found that the length of the applicant's service and the sole reason that the applicant was discharged for the 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.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  

Furthermore, regulations currently in effect list the reason for the applicant’s 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: 25 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 of service is too harsh, and as a result it is inequitable based on the length of the applicant’s his service and the lack of any other derogatory information in the record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  

Furthermore, the Board found that the narrative reason for separation was inequitable.  Regulations currently in effect list the reason for the applicant’s 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."  








        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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:  "Physical Standards" with the corresponding separation code of "JFT" under the provisions of  Chapter 13, AR 635-200. 
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007511
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