Applicant Name: ?????
Application Receipt Date: 2008/09/17 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: 960923
Discharge Received: Date: 961004 Chapter: 13-2a AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: A Co, 143rd OD Bn, Aberdeen Proving Ground, MD
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: 19
Current ENL Date: 960117 Current ENL Term: 3 Years ?????
Current ENL Service: 00 Yrs, 08Mos, 18Days ?????
Total Service: 00 Yrs, 08Mos, 18Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: None GT: 109 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM
V. Post-Discharge Activity
City, State: Oregon City, OR
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 23 September 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, Paragraph 13-2a, AR 635-200, by reason of unsatisfactory performance for failure of three consecutive Army Physical Fitness Tests, with an honorable discharge. She was advised of her rights. The applicant waived 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. On 23 September 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge. The applicant was transferred to the Individual Ready Reserve (IRR).
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. If in an entry level status the characterization of service will be uncharacterized.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during 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 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 that the applicants characterization of service be upgraded 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 current standards "Physical Standards" with the corresponding separation code of "JFT."
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 2 July 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 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. The Board 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 Board also noted 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, 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 current standards "Physical Standards" with the corresponding separation code of "JFT."
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 3 No change 2
Reason - Change 3 No change 2
(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: Current Standards "Physical Standards" with the corresponding separation code (SPD) of "JFT" under provision 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 AR20080014684
______________________________________________________________________________
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