Applicant Name: ?????
Application Receipt Date: 2009/10/28 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he really needs to be able to receive the GI Bil. He believes if he can have the chance to go to school, he will be able to rely on himself and not the homeless shelter. He was young and didn't fully understand the situation he placed himsel in. He has been homeless three times.
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: 990505
Discharge Received: Date: 990602 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: 497th Transportation Company, 80th Ordnance Battalion, Fort Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 981112, failed to obey a lawful order issued by an individual authorized to do so, on or about (981028); disobeyed a lawful commander from CPT, a superior commissioned officer on or about (981023); reduction to Private (E-2); suspended, to be automatically remitted if not vacated before (990512); forfeiture of $242.00 pay per month for one month; suspended, to be automatically remitted if not vacated before (990512), restriction and extra duty for 14 days (CG)
Article 15, 990527, wrongfully used marijuana on or about (990401-990430); reduction to Private (E-1); forfeiture of $479.00 pay per month for two months; extra duty and restriction for 6 days (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 970619 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 11 Mos, 13 Days ?????
Total Service: 1 Yrs, 11 Mos, 13 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 88M10 Motor Transport Oper GT: 99 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: 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 27 April 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 failing two consecutive record Army Physical Fitness Tests, with a general, under honorable conditions discharge. He was advised of his rights. On 3 May 1999, 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. On 7 May 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 U.S. Army Reserve Control Group.
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 and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.
The analyst determined that the applicants discharge was appropriate because the quality of his service was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.
The analyst noted the applicant's issue that he really needs the GI Bill so that he can go to school; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 20 August 2010 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293 dated 15 October 2009.
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 discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(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: No Change
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 AR20090019052
______________________________________________________________________________
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