Applicant Name:
Application Receipt Date: 2009/05/18 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting 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: 070926
Discharge Received: Date: 071031 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: 501st SG Co, 36th SG Bn, Korea
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: 19
Current ENL Date: 050525 Current ENL Term: 4 Years ?????
Current ENL Service: 2 Yrs, 05Mos, 06Days ?????
Total Service: 2 Yrs, 05Mos, 06Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 25F10 Network Systems Op/Maint GT: 116 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR
V. Post-Discharge Activity
City, State: Mobile, AL
Post Service Accomplishments: None provided by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 26 September 2007, 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 two consecutive failures of the Army physical fitness test with a honorable conditions discharge. He was advised of his rights. On 26 September 2007, 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 Army and waiver of further rehabilitative efforts. 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 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 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. The analyst also noted the lack of any other derogatory information in the record. 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: 17 March 2010 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 214, discharge orders and enlisted record brief.
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" with corresponding separation code of "JFT" per AR 635-200, para 13-2e.
Other: NA
RE Code:
Grade Restoration: No Yes Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090009674
______________________________________________________________________________
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