Applicant Name: ?????
Application Receipt Date: 2009/03/18 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 000127
Discharge Received: Date: 000416 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: HHC, DFAS, Indianapolis, IN
Time Lost: None
Article 15s (Charges/Dates/Punishment): None, under the current period of review.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 27
Current ENL Date: 970627 Current ENL Term: 3 Years ?????
Current ENL Service: 2 Yrs, 02Mos, 10Days ?????
Total Service: 7 Yrs, 09Mos, 21Days ?????
Previous Discharges: RA 920626-970626/HD
RA 970627-020625/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 73C10/Finance Specialist GT: 95 EDU: HS Grad Overseas: Hawaii, Korea Combat: None
Decorations/Awards: AGCM x2, NDSM, ASR, OSR x2
V. Post-Discharge Activity
City, State: Indianapolis, IN
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 18 January 2000, 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 two record Army physical fitness test (991015 and 000114) 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 discharge. On 27 January 2000, 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records for 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 and that the unit commander recommended an honorable discharge. In view of the foregoing, the analyst recommends to the board that the characterization of service is inequitable. Furthermore, regulations currently in effect list the reason for the applicants 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 "Physical Standards" with the corresponding separation code of "JFT."
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result it is inequitable. 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 applicants discharge as physical standards. Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 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
Other: Separation Code to "JFT"
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090005317
______________________________________________________________________________
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