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ARMY | DRB | CY2008 | AR20080016867
Original file (AR20080016867.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/10/23	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: 080620
Discharge Received: 			   Date: 080701   Chapter: 13      AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: 3D Chemical BDE, Ft Leonard Wood, MO 

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:  18
Current ENL Date: 070503    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 00Mos, 01Days ?????
Total Service:  		1 Yrs, 00Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: 96   EDU: Tech HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  St. Augustine, FL
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 June 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 failing to pass the Army Physical Fitness Test (APFT).  You have been given two record physical fitness tests and each time failed to achieve a go in one or more events, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge.  On 26 June 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an 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 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 she submitted, the analyst found that the separation authority approved a discharge of Honorable.   The analyst noticed that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24 character of service as uncharacterized. The analyst recommends to the Board that an administrative change be made to block 24, character of service to "Honorable".  Furthermore, the analyst recommends to the board that the narrative reason for the applicant’s discharge be changed to "Physical Standards" with the corresponding separation code of "JFT". 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 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 voted to make an administrative change to block 24, character of service to "Honorable".  Further, the Board voted to change the narrative reason for separation in block 28 to "Physical Standards" with the corresponding separation code of "JFT".
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    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: Physical Standards" with the corresponding separation code of "JFT"
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016867
______________________________________________________________________________


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