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ARMY | DRB | CY2010 | AR20100018333
Original file (AR20100018333.txt) Auto-classification: Denied
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.  Soldier’s 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 applicant’s military records for the period of enlistment under review, the issue and documents he submitted with the application, the analyst determined that the applicant’s 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 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" 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 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 narrative reason for separation is inequitable.  Regulations currently in effect list the reason for the applicant’s 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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