Applicant Name: ?????
Application Receipt Date: 080602 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 070719
Discharge Received: Date: 070824 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: HHC, 4th Bde Spec Trps Bn, 506th Regimental Cbt Tm, 101st ABN Div (AA), Fort Campbell, KY
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: 050111 Current ENL Term: 3 Years 23 weeks
Current ENL Service: 02 Yrs, 07 Mos, 14 Days ?????
Total Service: 02 Yrs, 07 Mos, 14 Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 92G Food Service Operations GT: 91 EDU: HS Grad Overseas: SWA Combat: Iraq (051128-061114)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR
V. Post-Discharge Activity
City, State: Clarksville, TN
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 on 19 July 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 having failed two consecutive Army Physical Fitness Tests, with an honorable discharge. The Applicant was advised of her rights, consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 10 August 2007, 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 the Applicants military records and the issue she submitted, the analyst found a mitigating factor 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. Additionally, the analyst noted the overall length of the Applicant's service, to include the combat service. In view of the foregoing, the analyst recommends to the board that the characterization of service is inequitable and merits an upgrade to fully honorable. 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: 13 March 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 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."
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 4 No change 1
Reason - Change 4 No change 1
(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'.
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080009413
______________________________________________________________________________
Page 1 of 2 pages
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 | CY2009 | AR20090006382
Facts and Circumstances: The evidence of record shows that on 1 April 2008, 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 failure to meet the minimum standards on two consecutive record Army Physical Fitness Test (APFT) (061031) and (070509), the characterization of service is not in the file. The analyst noted that on the applicant's DD Form 214 block 24, "Character of...
ARMY | DRB | CY2007 | AR20070013581
Current ENL Service: 02 Yrs, 06Mos, 03Days ????? 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. ...
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 | 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 | 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:...
ARMY | DRB | CY2006 | AR20060008530
Current ENL Service: 02 Yrs, 02 Mos, 23 Days ????? Accordingly, the analyst recommend that the narrative reason for separation on the DD Form 214 be changed to "physical standards" with the corresponding separation code of "JFT." 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...
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 | 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 | 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...