Application Receipt Date: 060213 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: 020415 Discharge Received: Date: 020515 Chapter: 13 AR: 635-200 Reason: Physical Standards RE: SPD: LFT Unit/Location: JSTARS Detachment, 297th Military Intelligence Battalion, 513th Military Intelligence Brigade, Fort Gordon, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 010828/FTR, disobeying a lawful order, making a false statement/CG Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 810629 Current ENL Date: 990630 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 10Mos, 16Days ????? Total Service: 02 Yrs, 10Mos, 16Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 96H10 (Aerial Intel Specialist) GT: 110 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: States he is currently attending Georgia Southern University. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 15 April 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (failing to pass ATSS Flight training which was required for his military occupation specialty (MOS), receiving a Article 15 and numerous other counseling statements), with a general discharge. He was advised of his rights. The applicant waived 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 8 May 2002, the separation authority 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, and the issue he submitted, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. Futhermore, the analyst noted on the applicant's DD Form 214 that he was separated in accordance with Chapter 13, AR 635-200 with a narrative reason for separation of "Physical Standards". However, the applicant's records show that he was discharged for failing to pass ATSS Flight training which was required for his MOS, received a Article 15 and had numerous other counseling statements. In view of the foregoing, the applicant's narrative reason at the time of separation should have been for unsatisfactory performance in accordances with Chapter 13, AR 635-200. Therefore the analyst determined that the narrative reason for separation was inequitable and recommends that the Board vote to change the narrative reason for discharge to "Unsatisfactory Performance". Except for the foregoing modification to the applicant's reason for separation, the analyst found that the reason for separation was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061220 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 discharge was both proper and equitable and voted not to change it. 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: NA 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: 0612221 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002257 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages