Applicant Name: ?????
Application Receipt Date: 2010/07/19 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states "My discharge was inequitable because it was based on me not meeting a single minimum physical fitness standard that would have changed on my next birthday which was less than one month away at the time of discharge. I was discharged on 12-08-1997 and my birthday on 01-21-1998 would have changed the minimum fitness requirements for me. I served honorably for over three years and four months with no adverse actions taken. I am currently a 2nd degree Black Belt in Taekwondo and am in excellent physical condition, but due to the narrative reason for release, am finding it difficult to serve in any branch of service."
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: 970910
Discharge Received: Date: 971208 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: Company C, 327TH Signal Battalion (Airborne), Fort Bragg, NC
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: 940719 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 4 Mos, 20 Days ?????
Total Service: 4 Yrs, 8 Mos, 19 Days ?????
Previous Discharges: USAR 930320-940718/NA
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 31R10 Multi Chan Transm Sys Oper GT: 112 EDU: HS Grad Overseas: Korea (941213-951212 Combat: None
Decorations/Awards: AAM, GCMDL, NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: The applicant stated in his issue that he is currently a 2nd degree Black Belt in Taekwondo and in excellent physical condition.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that 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 an honorable discharge. He was advised of his rights.
On 3 November 1997, 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 an honorable discharge. The applicant was transferred to the U.S. Army Reserve Control Group (Inactive Ready Reserve).
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 he submitted with the application, the analyst determined that the applicants narrative reason for separation is now inequitable. The analyst noted 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.
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" under the provisions of AR 635-200, para 13-2e, with the corresponding separation code of "LFT."
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 April 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: Online application dated 15 July 2010, Certificate of Achievement from the American Taekwondo Association dated 20 December 2008.
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 narrative reason for separation is inequitable. Regulations currently in effect list the reason for the applicants separation 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 0 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" under the provisions of AR 635-200, Chapter 13, para 13-2e, with the corresponding separation 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 AR20100018333
______________________________________________________________________________
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