Applicant Name:  ?????

Application Receipt Date: 2010/08/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was inequitable because it was based on his physical standards. He was not a problem Soldier and was always on time and took care of his responsibilities. Recently, he decided that he wanted to continue his education by using the GI Bill, but his application was rejected because of the type of discharge that he received. If there is any way possible that the board can grant him permission to use his GI Bill, he would greatly appreciate it.  

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: 070103
Discharge Received: 			   Date: 070329   Chapter: 13-2e       AR: 635-200
Reason: Physical Standards	   RE:     SPD: JFT   Unit/Location: HQ & HQ Company, US Army Garrison, Heidelbeg, Germany APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070227, made an official statement to a CPT, which was false on (070130), and with intent to defraud, wrongfully obtain from the US Military dining facilities services of a value less than $500.00, by signing for free meals on or about (050316-070130), reduction to Private (E-1), forfeiture of $650.00 pay per month for 2 months, extra duty and restriction for 45 days (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 040728    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 8 Mos, 2 Days ?????
Total Service:  		2 Yrs, 8 Mos, 2 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 56M10 Chaplain Assistant   GT: 89   EDU: HS Grad   Overseas: Germany (050204-070329)   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR, OSR

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 28 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13-2e, AR 635-200, by reason of unsatisfactory performance for failing to meet the minimum standards for the Army Physical Fitness Test on at least ten occasions, eight of which were diagnostic examinations and two were for the record. The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 29 December 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 action and recommended approval with a general, under honorable conditions discharge.  
       
       The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was transferred to the U.S. Army Reserve Control Group (IRR) to complete his statutory service obligation.
       
       The record contains an approved Bar to Reenlistment dated 15 May 2006.

       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 physical standards.  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 and the issue submitted with the application, the analyst found no mitigating factors which 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 applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.  
       
       The analyst noted the applicant's issue that his discharge was inequitable because it was based on his physical standards.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.
       
       The applicant further, contends that he wants to continue his education by using the GI Bil.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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.
       
       
       Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26 separation code as “LFT.”  In view of this error, the analyst recommends to the Board an administrative change to block 26, separation code to “LFT” as approved by the separation authority.  Except for the foregoing modification 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: 25 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 27 July 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 discharge was both proper and equitable and voted to deny relief.  

Furthermore, notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26 as separation code “JFT.”  In view of this error, the Board voted to administratively change block 26, separation code to “LFT,” as approved by the separation authority.  Except for the foregoing modification, the Board determined that the discharge was both proper and equitable and voted not to change it.
        
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: The Board voted to administratively change the DD Form 214, block 26, separation code to “LFT,” as approved by the separation authority. 										
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 AR20100020642
______________________________________________________________________________


Page 1 of 3 pages