Applicant Name:  ?????

Application Receipt Date: 2008/10/15	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: 070312
Discharge Received: 			   Date: 070406   Chapter: 13      AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: C Co, 1-14 IN Regt, Schofield Barracks, HI 

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:  24
Current ENL Date: 050527    Current ENL Term: 4 Years  18 Weeks
Current ENL Service: 	01 Yrs, 10Mos, 10Days ?????
Total Service:  		01 Yrs, 10Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: 115   EDU: HS Grad   Overseas: Hawaii   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Destin, FL
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 March 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 failure of two consecutive record Army Physical Fitness Tests, with an honorable discharge.  He was advised of his rights.  The applicant waived 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.  The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge.  On 21 March 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an honorable discharge.  The applicant was not 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 applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst found that the narrative reason for discharge is inequitable due to the sole reason for discharge was failure to meet the minimum standards of the Army Physical Fitness Test.  The analyst  noted the lack of any other derogatory information in the record.  Army Regulation 635-200, Chapter 13, Paragraph 13-2e, currently in effect, list the reason for the applicant's discharge for Army Physical Fitness Test failure as physical standards.  Accordingly, the analyst recommends that partial relief be granted in the form of a change to the narrative reason for separation on the DD Form 214 to "Physical Standards" with the corresponding separation code of "JFT."  
       
       Additionally, the analyst noted the applicant's issues regarding him taking the Army Physical Fitness Test (APFT), while on profile, however, the evidence of record shows that the applicant was counseled on 26 January 2007, for failing to pass his second record APFT on 18 January 2006.  Further, the applicant's temporary profile was issued on 30 January 2007, after failing the record APFT.  Subsequently, the command initiated separation action under provisions of  Chapter 13, AR 635-200, by reason of unsatisfactory performance for failing two consecutive APFTs.  Finally, the applicant request that his reentry eligibility (RE) code be changed to "1", however, Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  Further, the analyst determined that the applicant was appropriately assigned a reentry eligibility (RE) code of "3" at the time of his discharge.  Except for the foregoing modification to the applicant's narrative reason for separation, the analyst found that the narrative reason for separation to include his reentry eligibility (RE) code was both proper and equitable.      

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 August 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 narrative reason for separation is inequitable.   Army Regulation 635-200, Chapter 13, Paragraph 13-2e, currently in effect list the reason for the applicant's discharge as physical standards.  Accordingly, the Board voted to grant partial relief in the form of a change to the narrative reason for separation on the DD Form 214 to "Physical Standards" with the corresponding separation code of "JFT."   Except for the foregoing modification to the applicant's narrative reason for separation, the Board found that the narrative reason for separation to include his reentry eligibility (RE) code was both proper and equitable.       



        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    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: Current Standards "Physical Standards" with the corresponding separation code 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 AR20080016100
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