Applicant Name: ?????
Application Receipt Date: 2008/11/13 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the Applicant in which Applicant states, "Current job requires a security clearance for advancement, current employer requires personell to have an honorable discharge and nothing less."
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: NIF
Discharge Received: Date: 020715 Chapter: 13-2e AR: 635-200
Reason: Physical Standards RE: SPD: JFT Unit/Location: USAG, Ft. Lewis, WA
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: 28
Current ENL Date: 010320 Current ENL Term: 04 Years ?????
Current ENL Service: 01 Yrs, 03 Mos, 26 Days ?????
Total Service: 05 Yrs, 11 Mos, 26 Days ?????
Previous Discharges: RA 981005-010319/HD
IADT 961001-970131/UNC
ARNG 960722-981004/HD
USNR 930909-930923/UNC
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 92Y Unit Sply Spec GT: 100 EDU: HS GED Overseas: None Combat: None
Decorations/Awards: ASR, NDSM (Prior enlistment in USNR)
V. Post-Discharge Activity
City, State: Troy, TN
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the Applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the Applicants signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, paragraph 13-2e, AR 635-200, by reason of physical standards with a general, under honorable conditions discharge. Furthermore, the DD Form 214 shows a Separation Code of JFT (i.e., physical standards) with a reentry eligibility (RE) code of 3.
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. Service of Soldiers separated under this chapter 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 the Applicants available records for the period of enlistment under review, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge. The facts and circumstances pertaining to the Applicants discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. The analyst noted the Applicant's issue, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The analyst determined that the Applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the Applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 26 August 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 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: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080018397
______________________________________________________________________________
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