Applicant Name:  ?????

Application Receipt Date: 2009/01/14	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: 990105
Discharge Received: 			   Date: 990121   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: C Btry, 1-17 FA Bn, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980415, violation of a lawful general order by wrongfully placing five powder increments in his A-bag (980319); reduction to E-2, forfeiture of $420 pay, and extra duty for 14 days (CG). 

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 961121    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 02Mos, 01Days ?????
Total Service:  		02 Yrs, 02Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 102   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Vilonia, AR
Post Service Accomplishments: The applicant enlisted in the Army National Guard State of Arkansas for one year (000524), and extended on (010524), (011010), (020914), (031007).  Subsequently, he was ordered to active duty for Multinational Force and Observers duty and service in Iraq (040326-041106).  He received the following awards from his active duty service:  NDSM-2, GWOTEM, GWOTSM, AFRM-2 W/'M' DEV,  MFOM.  Additionally, he was promoted to E-4 and received honorable discharges from both active duty depolyments. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 January 1999, 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 consecutive failures of the Army Physical Fitness Tests during a one year period, with an honorable discharge.  He was advised of his rights.  The applicant consulted with 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 a general, under honorable conditions discharge.  On 12 January 1999, 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 Individual Ready Reserve (IRR).
       
       The applicant's record contains an approved Bar to Reenlistment dated 9 March 1998.

       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 and the issue he 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 that the unit commander recommended an honorable characterization of service.  In view of the foregoing, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.
       
       Furthermore, regulations currently in effect list the reason for the applicant’s 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: 14 October 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 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.  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 applicant’s 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 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: 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 AR20090003279
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