Application Receipt Date: 060928 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: Applicant states that his company commander recommended him for an honorable discharge, but the brigade commander changed his discharge to general just prior to his discharge. He states he did not contest his discharge characterization because his unit was deploying and he assumed he would have to remain in the Army the 6 months the unit was deployed. He states he was never a strong runner; he further states that his platoon sergeant recommended him for an ARCOM for his performance in Panama, but that he did not receive the award because he fell out of a division run 6 months prior. He states he talked to the local VA office about his discharge, and he was told the discharge characterization was a little extreme. 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: 970318 Discharge Received: Date: 970421 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: B Company, 2-325th Airborne Infantry Regiment, 82d Airborne Division, Fort Bragg, NC 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: 750725 Current ENL Date: 960327 Current ENL Term: 2 Years Current ENL Service: 1 Yrs, 0Mos, 25Days Total Service: 3 Yrs, 8Mos, 24Days Previous Discharges: RA-930728-960326/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B1P/Infantryman GT: 102 EDU: HS Overseas: None Combat: None Decorations/Awards: NDSM, ASR, EIB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 March 1997, 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 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 waiver of further rehabilitative efforts. On 25 March 1997, the separation authority waived further rehabilitative efforts 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 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 for the period of enlistment under review, and the issue he 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. The analyst also noted the lack of any other derogatory information in the record. Additionally, the analyst found that the overall length and quality of the applicant’s service and the time that has elapsed since his discharge mitigated the discrediting entry in his service record. In view of the foregoing, the analyst recommends to the board that the characterization of service is too harsh and as a result it 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: 30 November 2007 Location: Washington, D.C. 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 5 No change 0 - Character Change 5 No change 0 - 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. 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." X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Honorable Change Reason to: Physical Standards Other: JFT RE Code: NA Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 30 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder