Applicant Name: ????? Application Receipt Date: 2009/08/28 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that his discharge should be upgraded from Under Honorable Conditions (General) to Honorable. He received this discharge because he could not pass the APFT. He has since discovered that the true reason that he could not pass the test was because of physical problems (Knee problems) and not due to lack of motivation as was suggested at the time of discharge. He does not feel that this discharge was an injustice, but he he feels that his failures were caused by circumstances beyond his control. He will appreciate favorable consideration. 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: 961022 Discharge Received: Date: 961213 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: HQ & HQ Detachment, 87th Support Battalion (Corps), Fort Stewart, GA 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: 18 Current ENL Date: 950726 Current ENL Term: 5 Years ????? Current ENL Service: 1 Yrs, 4 Mos, 18 Days ????? Total Service: 1 Yrs, 4 Mos, 18 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Operator GT: 102 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, 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 17 October 1996, 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; in that he failed two consecutive APFT's; with an honorable discharge. He was advised of his rights. On 18 October 1996, 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 1 November 1996, 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 U.S. Army Reserve Control Group. 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, under honorable conditions discharge is normally considered appropriate, however, a fully 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, the issue and document 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 separation. 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. 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 is inequitable and recommends to the board that the characterization of service be upgraded to fully honorable. Further, 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 "LFT." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 14 July 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted a copy of his DD Form 214 for the period of service ending 13 December 1996. 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 "LFT." 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 a corresponding separation (SPD) code of "LFT." 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 AR20090014967 ______________________________________________________________________________ Page 1 of 3 pages