Applicant Name: ????? Application Receipt Date: 080602 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the Applicant. 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: 070719 Discharge Received: Date: 070824 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: HHC, 4th Bde Spec Trps Bn, 506th Regimental Cbt Tm, 101st ABN Div (AA), Fort Campbell, KY 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: 050111 Current ENL Term: 3 Years 23 weeks Current ENL Service: 02 Yrs, 07 Mos, 14 Days ????? Total Service: 02 Yrs, 07 Mos, 14 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 92G Food Service Operations GT: 91 EDU: HS Grad Overseas: SWA Combat: Iraq (051128-061114) Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR V. Post-Discharge Activity City, State: Clarksville, TN 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 19 July 2007, 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 having failed two consecutive Army Physical Fitness Tests, with an honorable discharge. The Applicant was advised of her rights, consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 with a general under honorable discharge. On 10 August 2007, the separation authority waived further rehabilitative efforts and directed that the Applicant be discharged with a general under honorable conditions discharge. 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 the Applicant’s military records and the issue she submitted, the analyst found a mitigating factor 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 noted the overall length of the Applicant's service, to include the combat service. In view of the foregoing, the analyst recommends to the board that the characterization of service is inequitable and merits an upgrade to fully honorable. 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: 13 March 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 "JFT." IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 4 No change 1 Reason - Change 4 No change 1 (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 the corresponding Separation Code of 'JFT'. Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080009413 ______________________________________________________________________________ Page 1 of 2 pages