Applicant Name: ????? Application Receipt Date: 2011/11/28 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, his recruiter told him that after a certain period of time, the DD 214 could be reviewed and possibly changed to an Honorable Discharge. 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: 060713 Discharge Received: Date: 060823 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: B Company, 304th Signal Battalion, Camp Stanley, Korea Time Lost: None Article 15s (Charges/Dates/Punishment): 060407, dereliction in the performance of his duty, in that he failed to stay awake while on Unit Police guard duty (060121), reduction to E-3, forfeiture of $372.00 x 1 (suspended), extra duty and restriction for 14 days. (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 030909 Current ENL Term: 05 Years ????? Current ENL Service: 02 Yrs, 11 Mos, 15 Days ????? Total Service: 02 Yrs, 11 Mos, 15 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 25Q10 7E Multichannel Transmission Systems Operator/Maintainer GT: 107 EDU: HS Grad Overseas: Korea x 2 Combat: None Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR x 2 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 that on 27 June 2006, 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 Army Physical Fitness Tests with an honorable conditions discharge. He was advised of his rights. On 11 July 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration for his case by an administrative separation board; even though he was not entitled to one, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an Honorable Conditions Discharge. On 1 August 2006, 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 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, 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 further found that the applicant was notified and discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test and that he received a CG Article 15 approximately five months prior to his discharge. Further, the evidence of record shows that the applicant's commander and intermediate commander recommended that he receive an honorable discharge. Additionally, the applicant had almost completed 3 years of active military service. In view of the foregoing, the analyst recommends to the board that the characterization of service is inequitable. 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: 18 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 and DD Form 214 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 narrative reason for discharge is now inequitable based on the current standard. 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 Board Vote: Character - Change 0 No change 5 Reason - Change 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: Physical Standards Other: Corresponding separation code of "JFT." RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army 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 AR20110023958 ______________________________________________________________________________ Page 3 of 3 pages