Applicant Name:  ?????

Application Receipt Date: 2011/05/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, he is requesting an upgrade of his discharge to Honorable.  He was discharged due to failure of 2 consecutive PT tests in which he had an injury and was unable to run.  He was told that he was going to be given an Honorable Discharge.  When he received his discharge paper, it stated that he was getting a General Under Honorable Conditions Discharge.  After submitting a request to VA Disability, they found that he had degenerative disks in his back.  

After being discharged, VA found evidence enough to give him disability for his back and shoulder.  He believes that he should have been given a medical discharge.  His 1SG pushed the Chapter 13 paper work through before he could request a medical discharge.  He was in the process of getting advice from Trial Defense Services(TDS) when the Chapter 13 paper work had gone through.  TDS also believed that he needed to be medically discharged. 

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: 100706
Discharge Received: 			   Date: 100806   Chapter: 13      AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: HHC, 1st Engineer Brigade, Fort Leonard Wood, MO. 

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:  23
Current ENL Date: 050928    Current ENL Term: NIF  Years  ?????
Current ENL Service: 	04  Yrs, 10 Mos, 09 Days ?????
Total Service:  		04 Yrs, 10 Mos, 09 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 104   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, KSM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows 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 because he failed the Record Army Physical Test on 3 March 2009 and 18 May 2010.  The unit commander felt in his opinion the applicant showed a lack of motivation to adhere to Army standards and regulationsand recommended separation , with a honorable discharge.  He was advised of his rights.  
       
       The applicant’s record is void of whether the applicant consulted with legal counsel, and is also missing the unit commander's and intermediate commander's recommendation.  The record does contain a memorandum from the commander stating the applicant was notified on 6 July 2010 and his response paperwork was due back on 13 July 2010.  The applicant met with Defense Counsel several times and did not respond in the 7 duty days; therefore, he waived his rights of the notification memorandum.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
       
       On 27 July 2010, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge.  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 that 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, and the issue and document he submitted, the analyst found several mitigating factors which would merit an upgrade of the applicant's discharge to fully honorable.  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.  In view of the foregoing, the analyst determined that the characterization of the service is inequitable and recommends that his 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 code of "JFT."   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, DD Form 214, documentation from the Department of Veteran Affairs, and a self-authored statement.

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 characterization of service was too harsh and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  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 code of "JFT."
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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 provisions of Chapter 13-2, AR 635-200
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder























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 AR20110011570
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