Applicant Name: ?????
Application Receipt Date: 2010/06/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that she wants her unsatisfactory performance changed to "For the Good of the Army". She has had satisfactory performance in all catagories except qualifying for the physical training tests and exams. She thanks the board for the opportunity to serve in the military, which has been a growing experience and allowed her to be all that she can be.
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: 100323
Discharge Received: Date: 100604 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: company A, 369th Adjutant General Battalion, US Army Soldier Support Institute, Fort Jackson, SC
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: 18
Current ENL Date: 090428 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 1 Mos, 7 Days ?????
Total Service: 1 Yrs, 1 Mos, 7 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: None GT: 113 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM
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 23 March 2010, 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 eight consecutive Army Physical Fitness Tests with an honorable discharge. She was advised of her rights.
On 23 March 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended that the applicant be retained in the US Army.
On 29 April 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an honorable . 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 for the period of enlistment under review, the issue and documents she submitted with the application, the analyst determined that the applicants narrative reason for separation is now inequitable.
The analyst found that the applicant was discharged for the sole reason of 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 narrative reason for separation be changed to the current standard. Regulations currently in effect list the reason for the applicants discharge as "Physical Standards" with the corresponding separation code of "JFT."
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 16 March 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 149 dated 9 June 2010 in lieu of a DD Form 293, and two DD Forms 705, Army Physical Fitness Test Scorecard with various dates.
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. 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 0 No change 5
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" under the provisions of Chapter 13, AR 635-200 with the corresponding separation code of "JFT."
Other: None
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 AR20100017846
______________________________________________________________________________
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