Applicant Name:   

Application Receipt Date: 2008/04/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that:
	"I am writing this letter in regard to DD Form 293 Application for the Review of Discharge from the Armed Forces of the United States.  I was discharged in 1999 from the Armed Forces due to two consecutive Physical Training (PT) test failures. I failed the run portion of the test twice, after my second consecutive failure, chapter paperwork was initiated to separate me from the U.S. Army.  During this time I was still in recovery from a severely sprained ankle that I had suffered not more than sixty days prior. When I arrived to Ft. Lewis I did not want to immediately be given a PT profile, as I was a new soldier arriving to a new unit. I took my first PT test a few weeks after I arrived to C. Co 1/23rd INF and failed the run portion of the test. Soon after I took the second PT test and the results were the same.  I was discharged August 18, 1999. I received my Discharge papers a few weeks later and I seen that I had been discharged “General, Under Honorable Conditions”. 

	In September 2001 I enlisted for the second time in the U.S. Army, I went to B. Co 2/6thINF in Baumholder, Germany. I was stationed there for a total of three years, while stationed I was deployed to Iraq for fifteen months. I then went to Kaiserslautern, Germany where I was stationed for a total of three years as well. During these times I received numerous awards, and the respect and admiration of my peers and supervisors.  February 24, 2008 was my last day on active duty in the United States Army; I have since then moved to the El Paso, Texas area where I wish to pursue a degree in social psychology.
I was informed that I was ineligible to use the G.I. Bill because of my first discharge in 1999. I think that since then I have proved otherwise. I was in the military a total of nine years and six months, and in that time I failed two consecutive Physical Training test not more than forty-five days apart. I think it’s a bit harsh that these actions just totally disqualify me from the use of the Montgomery G.I. Bill.  I was never a disciplinary problem for the units that were a part of, I always accomplished the mission, and I always put the soldiers first. I believe that in the  nine years I have given of myself, I have sacrificed,  I have defended my country the best that I could, and I have done everything asked of me when I wore the uniform of the Unites States Army.  I ask now for the opportunity to pursue education with the help of the U.S. Military."  
 

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: 990819   Chapter: 13-2f      AR: 635-200
Reason: Physical Standards	   RE:     SPD: JFT   Unit/Location: C Co, 1-23rd Inf Bn, Fort Lewis, WA 

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: 960814    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 00Mos, 06Days ?????
Total Service:  		9 Yrs, 05Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Specialist   GT: 109   EDU: HS GRAD   Overseas: Germany (970123-990119)   Combat: Iraq (030401-040701); subsequent to discharge 
Decorations/Awards: ASR, OSR

V.  Post-Discharge Activity
City, State:  El Paso, TX
Post Service Accomplishments: Subsequent to his discharge, the applicant re-joined the Army, served honorably over 6 years, to include 15 consecutive months in Iraq; earned AAM (6), GWOTEM, GWOTSM, NATOMDL, NDSM; and earned promotions through Sergeant E-5

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 13-2f, AR 635-200, by reason of without medical limitations failed two consecutive Army Physical Fitness Tests. Furthermore, the DD Form 214 shows a Separation Code of JFT (i.e., physical standards), with a reenlistment eligibility (RE) Code of "3."

       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 applicant’s military records for the period of enlistment under review, and the issue and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable.  There was a full consideration of all faithful and honorable service as well as his failure to meet physical standards set forth by the Army.  However, the analyst determined that the applicant's overall length and quality of service; to include his combat service and promotion to Sergeant E-5, mitigate his failure to successfully pass the APFT in 1999.  Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. However, the anaylst determined that the reason for the discharge was both proper and equitable. 










VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 13 February 2009         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 applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, as well as the applicant's length of sevice and post service accomplishments (reenlisted in the National Guard, deployed to combat, earned six Army Achievement Medals, and  promoted to Sergeant E-5), 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 both proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008012
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