Applicant Name:  ?????

Application Receipt Date: 2009/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I displayed continuous, exemplary service for the entire duration of my enlistment to include one year of overseas service in Iraq.  I was an excellent soldier and took pride in doing my job well.  For the period of time from entering military service until the unsatisfactory PT marks that were my eventual reason for separation, I served with an impeccable record.  I am now a civilian and maintain my army values to this day.  I have a good job utilizing my military training and continue to work hard in everything that I do.  Due to my current discharge status I am unable to get a VA home loan and in these difficult economic times that is the only home loan available to me.  I think that my service and level of commitment that I displayed in the military should warrant me those benefits currently being restricted.  I do not feel that difficulty maintaining my run time at the end of my military career should characterize all of my time in the military as anything less than honorable.  Thank you for your time in this matter."

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: 080711
Discharge Received: 			   Date: 080719   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: Walter Reed Army Institute of Research, Silver Spring, MD 

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:  22
Current ENL Date: 060731    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 19Days ?????
Total Service:  		05 Yrs, 08Mos, 28Days ?????
Previous Discharges: 	RA-021022-060730/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68K10 Medical Laboratory Spec   GT: 126   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (041230-051209)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Epsom, NH
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 9 July 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 failure to meet the minimum standards on two consecutive record Army Physical Fitness Test (APFT) (0070814) and (071113), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and will 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 of the separation action with a fully honorable discharge.  On 20 April 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.

       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 document 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 the lack of any other derogatory information in the record.   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 (SPD) code of "JFT."  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 December 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. The Board also noted the lack of any other derogatory information in the record.  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 (SPD) 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 (SPD) 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 AR20090004930
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