Applicant Name:  ?????

Application Receipt Date: 2010/04/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he served honorably for nearly 8 years with no disciplinary action, and with numerous deployments, including combat. He failed the PT Test and when he asked to speak to his battalion commander regarding his general discharge he was denied the opportunity. 

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: 960806
Discharge Received: 			   Date: 960911   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: B Company, 705th Military Police Battalion, Fort Leavenworth, KS 

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:  23
Current ENL Date: Reenl/931027    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 10 Mos, 24 Days ?????
Total Service:  		7 Yrs, 0 Mos, 21 Days ?????
Previous Discharges: 	RA 890830-931026/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 95c2P Corrections Spec/31K20 Combat Signaler   GT: 120   EDU: HS Grad   Overseas: Southwest Asia/Saudi Arabia   Combat: Kuwait (900818-910322)
Decorations/Awards: GCMDL (2), NDSM, SWASMDLw/2 BSS, HSM, NCOPDR, KLMDL (K), KLMDL (SA), 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 6 August 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 for failing the Army Physical Titness Test (APFT) on (960502) and (960726) with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 8 August 1996, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than an honorable discharge 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 intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  
       
       On 11 September 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 not transferred to the Individual Ready Reserve (IRR).

       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 applicant’s military records, the analyst determined that the discharge is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board.  Further, the analyst determined that in accordance with AR 635-200, Section III, paragraph 1-19c, the least favorable characterization of service that the SPCMA could have approved was a general, under honorable conditions discharge which he received at the time of his separation from the service.  The final decision for his separation and characterization of service was to be made by the General Court Martial Convening Authority (GCMCA).  The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization of service is improper.   
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 9 April 2010.









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 was improper.  The evidence of record shows that the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action and was entitled to an administrative separation board.  He waived the board contingent upon receiving a characterization of no less than honorable.  The record reflects that the applicant did not receive an honorable characterization of service based on the conditional waiver he submitted nor an adminstrative separation board.  The Army Discharge Review Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 1    No change 4
(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 AR20100013534
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