Application Receipt Date: 060710 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 940607 Discharge Received: Date: 940628 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: HQ & HQ Battery, 4th Battalion, 5th Air Defense Artillery, 1st Cavalry Division, Fort Hood, TX 76545 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 670308 Current ENL Date: 930421 Current ENL Term: 3 Years 23 Weeks Current ENL Service: 1 Yrs, 2 Mos, 8 Days ????? Total Service: 1 Yrs, 2 Mos, 8 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 14J10 Early Warning System Operator GT: 109 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR, V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 7 June 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (failing to maintain yourself in good physical condition in order to meet the Army Physical Fitness Test, of which you failed two record tests 15 March 1994, and 25 May 1994), with an honorable discharge. He was advised of his rights. 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 service and waiver of further rehabilitative efforts. On 13 June 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be released from active duty with a general, under honorable conditions discharge. The applicant was transferred to the Individual Ready Reserve (IRR). b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. 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, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable and a change to the narrative reason for discharge. 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, and that his company commander recommended that he receive an honorable discharge, In addition, 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 service and the narrative reason for discharge is inequitable. Regulations currently in effect list the narrative reason for discharge as physical standards, with a corresponding separation code (SPD) of "LFT." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 June 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 5 No change 0 - Character Change 5 No change 0 - Reason (Board member names available upon request) IX. 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 now inequitable. The Board found that the unit commander recommendation for an honorable characterization of service, the length and quality of the applicant's service, his post service accomplishments and the time that has elapsed since his discharge warranted an upgrade of the discharge under review. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. Furthermore, the Board found that the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as physical standards. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to current standards “physical standards” with a corresponding separation code (SPD) of "LFT." Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: "Physical Standards" under the provisions of Chapter 13, AR 635-200, with a corresponding separation code (SPD) of "LFT." Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 29 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009778 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages