Applicant Name:  ?????

Application Receipt Date: 2010/10/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "This discharge was given to me because my supervisor refuse to deal with the real problem which was number of years on my contract.  My contract should have been four years instead of six years. My recruiter did not change them and my supervisor refused to deal with this issue.  As you can see on my dd 214 that I completed three years ten months and twenty-nine days which is just about an average four year term.  The Board should find it in the interest of justice to consider the application because of just that its and injustice that was never dealt with and not dealing with this is part of the reasons why the U.S. Army is having such a hard time retaining Soliders."

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: NIF
Discharge Received: 			   Date: 010730   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: HHD, 32d MD, Fort Bragg 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 991209, Failed to go at the time prescribed to his appointed place of duty (991108), reduction to E2; forfeiture of $251.00 (suspended); extra duty for 14 days; and restriction for 14 days, (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 970902    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 10 Mos, 29 Days ?????
Total Service:  		03 Yrs, 10 Mos, 29 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistics Specialist   GT: 112   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AGCM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Erial, NJ
Post Service Accomplishments: None Listed








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 his inability to meet or exceed the United States Army Physical Fitness Test (APFT).  He was advised of his rights.  
       
       The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  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 a general, under honorable conditions discharge.

       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 during the period of enlistment under review, the issues and document submitted with the application, the analyst found mitigating factor that would merit an upgrade of the applicant's discharge to fully honorable.  The analyst noted that the applicant was discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test.  In view of the foregoing, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.
       
       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" with the corresponding separation (SPD) code of "JFT."  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 June 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application and DD Form 214 for the period of service under reviews.











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 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 service below that meriting a fully honorable characterization of service.  

Furthermore, regulations currently in effect list the reason for the applicant’s 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 (SPD) code of "JFT."  Except for the foregoing modification, the Board determined 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 1    No change 4
Reason -     Change 4    No change 1
(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" with the corresponding separation (SPD) code of "JFT" under provisions of Chapter 13, AR 635-200. 
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA






















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 AR20100023913
______________________________________________________________________________


Page 3 of 3 pages