Applicant Name: ????? Application Receipt Date: 2008/05/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the applicant. 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: 990222 Discharge Received: Date: 990328 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: 272nd MP Co, APO AE 0908698 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: 19 Current ENL Date: 960703 Current ENL Term: 5 Years ????? Current ENL Service: 02 Yrs, 08Mos, 26Days ????? Total Service: 02 Yrs, 08Mos, 26Days Item 12a on the DD Form 214, date entered active duty this period shows the date of enlistment in the delayed entry program as (950801), which credits the applicant with a net active service this period of 03 Yrs, 07 Mos, 28 Days; however, the actual enlistment date annotated on the DD Form 4/3 is (960723), which the net active service this period is 02 Yrs, 08 Mos, 26 Days. Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 95B10 Military Police GT: 93 EDU: HS Grad Overseas: Germany/Bosnia Combat: None Decorations/Awards: NDSM, AFSM, ASR, NM V. Post-Discharge Activity City, State: Lancaster, NH Post Service Accomplishments: The applicant enlisted in the New Hampshire Army National Guard on 16 April 99 for a period of 04 Yrs, 03 Mos, 15 Days. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 22 February 1999, 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 the failure of two (2) consecutive Physical Fitness Tests since 27 July 1998, with a general, under honorable conditions discharge. He was advised of his rights. 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 service and waiver of further rehabilitative efforts. On 5 March 1999, 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 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 during the period of enlistment under review and the issues he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as the incidents of unsatisfactory performance. The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh, and as a result it is inequitable. While the applicant's unsatisfactory performance is not condoned, the analyst found that the length of the applicant's service and the sole reason that the applicant was discharged for the 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. Accordingly, the analyst recommends to the Board 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 code of "JFT." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 February 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 is too harsh, and as a result it is inequitable based on the length of the applicant’s his service and the lack of any other derogatory information in the record. 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 separation 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 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 5 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" with the corresponding separation code of "JFT" under the provisions of Chapter 13, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080007511 ______________________________________________________________________________ Page 1 of 3 pages