Applicant Name: ?????
Application Receipt Date: 2008/10/01 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: 950123
Discharge Received: Date: 950130 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: 494th Transportation Company, 129th Corps Support Battalion, 101st Support Group (Corps), Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 950103, Willfully and unlawfully alter a public record (941103); reduction to PVT/E-1; forfeiture of $416.00 pay for two months; restriction and extra duty for 45 days (FG)
Article 15; 941014; Failed to report for duty (941014); 14 days extra duty (Summarized)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 931202 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 1 Mos, 29 Days ?????
Total Service: 1 Yrs, 1 Mos, 29 Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 88M10 Motor Transport Operator GT: 111 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: The applicant states in her issue that she has led a very productive life without incident, worked in the civilian sector as an administrative assistant, a licensed day care provider and a technology aide at an elementary school.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 23 January 1995, 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; in that she received a Summarized Article 15, and a Field Grade Article 15 and numerous negative counselings, with a general under honorable conditions discharge. She was advised of her rights. The applicant 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. On 24 January 1995, 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 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 all the applicants military records and the issue she 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 applicant's 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. Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in her application. However, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. In view of the foregoing, the analyst determined that 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: 15 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 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 AR20080015290
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080013557
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. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
ARMY | DRB | CY2007 | AR20070016739
Facts, Circumstances, and Legal Basis for Separation a. It indicates that the applicant was discharged under the provisions of Paragraph 8-27f, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." The applicant was discharged under the provisions of paragraph 8-26f, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of...
ARMY | DRB | CY2006 | AR20060012048
Facts and Circumstances: The evidence of record shows that on 11 January 1995, 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 (FTRs, Company Grade Article 15, and making a false statement on an individual sick slip, DD Form 689 ), with a general, under honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the...
ARMY | DRB | CY2006 | AR20060010082
Facts and Circumstances: The evidence of record shows that on 14 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (despite numerous counselings, both written and verbal, she continue to show lack of respect to both commissioned and noncommissioned officers, she repeatedly failed to follow instruction from supervisors and accept responsibility for her actions),...
ARMY | DRB | CY2010 | AR20100017846
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 23 March 2010, 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 failing eight consecutive Army Physical Fitness Tests with an honorable discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: "Physical...
ARMY | DRB | CY2008 | AR20080011023
Facts and Circumstances: The evidence of record shows that on 25 September 1993, 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 receiving Articles 15's for dereliction of duty and disobeying an noncommissioned officer X 2; and for having been counseled for being out of uniform, leaving her place of duty, failing to secure government property, and disobeying other lawful...
ARMY | DRB | CY2007 | AR20070016123
Applicant Name: ????? On 17 October 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge. By her unsatisfactory performance, the applicant diminished the quality of her service below that meriting a fully honorable characterization of service.
ARMY | DRB | CY2009 | AR20090008591
Applicant Name: ????? The analyst determined that the applicants discharge was appropriate because the quality of the applicant's service at the time of separation was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. 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...
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 | DRB | CY2008 | AR20080013674
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 31 August 2006, 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, for being AWOL x 3 (051215-051219, 051117-051118, and 060309-060309) with a general under honorable conditions discharge. Board Action Directed President, Army...