Application Receipt Date: 060124 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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: 030725 Discharge Received: Date: 030730 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: Retraining and Holding Company, Training Support Battalion, Garrison Command, US army Maneuver Support Center and Fort Leonard Wood, 320 Manscen Loop Ste 120, Fort Leonard, Wood, MO. 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: 780614 Current ENL Date: 021113 Current ENL Term: 18 weeks Years ????? Current ENL Service: 00 Yrs, 08Mos, 18Days ????? Total Service: 00 Yrs, 09Mos, 06Days ????? Previous Discharges: ARNG-021025-021112/Concurrent Service Highest Grade: E1 Performance Ratings Available: Yes No MOS: None GT: 105 EDU: NIF Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 25 July 2003, 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 (failure to pass the Army Physical Fitness Test (APFT), 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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, the analyst found no mitigating factors that would warrant a change to the applicant's characterization of service. The evidence of record shows that the applicant failed more then four consecutive record APFT's, and received a general discharge under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance. The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined that the characterization of service was both proper and equitable and recommends the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061129 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 No change (Character) Change No change (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 inequitable. The Board found that the applicant's length of the service mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. Futhermore, the Board determined 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 on the DD Form 214 to current standards “Physical Standards”, with a corresponding separation (SPD) code of "JFT." Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: "Physical Standards" under Chapter 13 AR 635-200, with a corresponding separation (SPD) code of "JFT." Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061201 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001350 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages