Applicant Name:  ?????

Application Receipt Date: 2009/08/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge should be upgraded from Under Honorable Conditions (General) to Honorable.  He received this discharge because he could not pass the APFT. He has since discovered that the true reason that he could not pass the test was because of physical problems (Knee problems) and not due to lack of motivation as was suggested at the time of discharge. He does not feel that this discharge was an injustice, but he he feels that his failures were caused by circumstances beyond his control. He will appreciate favorable consideration.

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: 961022
Discharge Received: 			   Date: 961213   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: LHJ   Unit/Location: HQ & HQ Detachment, 87th Support Battalion (Corps), Fort Stewart, GA 

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:  18
Current ENL Date: 950726    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1 Yrs, 4 Mos, 18 Days ?????
Total Service:  		1 Yrs, 4 Mos, 18 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 102   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, 

V.  Post-Discharge Activity
City, State:  ?????
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 17 October 1996, 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; in that he failed two consecutive APFT's; with an honorable discharge. 
       
       He was advised of his rights.  On 18 October 1996, 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. 
       
       On 1 November 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was transferred to the U.S. Army Reserve Control Group. 
       

       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 applicant’s military records for the period of enlistment under review, the issue and document he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable and a change to the narrative reason for separation. 
       
       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 determined that the characterization of service is inequitable and recommends to the board that the characterization of service be upgraded to fully honorable.  
       
       Further, 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 "Physical Standards" with the corresponding separation code of "LFT."   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a copy of his DD Form 214 for the period of service ending 13 December 1996.

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 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 applicant’s 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 "LFT." 



        
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 a corresponding separation (SPD) code of "LFT."
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
































Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090014967
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