Applicant Name: ????? Application Receipt Date: 2009/07/20 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that her discharge was inequitable because it was based on unsatisfactory "Physical" performance. Her performance as a Soldier and in her profession was more than satisfactory. There was no prior incidents of unsatisfactory performance before her discharge was considered. Her dedication and service deserve more than a general, under honorable conditions discharge. She is requesting a change to honorable to receive the benefits she deserves for her dedication and service to the United States Army and her country. 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: 050408 Discharge Received: Date: 050430 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: HQ & HQ Company, 19th Theater Support Command, APO AP Korea 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: 021003 Current ENL Term: 6 Years ????? Current ENL Service: 2 Yrs, 6 Mos, 28 Days ????? Total Service: 2 Yrs, 6 Mos, 28 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 25B10 Information Systems Operator Analyst GT: 104 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: NDSM, KDSM, GWTSM, ASR 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 8 April 2005, 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 failing two consecutive Record Army Physical Fitness Tests, dated 050301 and 050405 with an honorable discharge. She was advised of her rights. On 11 April 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. On 18 April 2005, 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 US Army Control Group (Reinforcement). 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 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 she submitted, the analyst found several mitigating factors 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 and that the unit commander recommended an honorable characterization of service. The analyst also noted the lack of any other derogatory information in the record. Further, regulations currently in effect list the reason for the applicant’s discharge as physical standards. In view of the foregoing, the analyst determined that the characterization of service and the narrative reason for discharge is inequitable. Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully "Honorable" and a change to the narrative reason for separation to "Physical Standards" with the corresponding separation code of "JFT." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 June 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: None 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 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 (SPD) code of "JFT." Other: No Change 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 AR20090012921 ______________________________________________________________________________ Page 1 of 3 pages