Applicant Name: ????? Application Receipt Date: 2010/05/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I received a Chapter 5, AR 635-200, and Chapter 13 for unsatisfactory performance with characterization of service, General under Honorable, for being unable to pass the physical fitness test. I would like to request a change in my discharge status due to the following: During my service I was assigned to the same unit, as a mental health specialist. I was assigned to work in the division medical clinic and not at my unit. I believe that my assignment to the clinic did not give my Unit Commander, who was newly assigned, adequate time to evaluate my service performance. PT was the only time that my commander had the opportunity to observe my performance. My NCOIC was required to recommend that I be chaptered due to my inability to pass the PT test. I was counseled multiple times that I would be recommended for promotion due to my satisfactory performance as a soldier and mental health specialist, once I was able to pass the PT test. During my time in service of 4 years and 11 months, I was on profile more time than not, due to being pregnant twice. As a permanent party soldier I was off profile for 11 months after my first pregnancy before being put back on it because of my second pregnancy. Then I was off of that profile approximately 9 months before my commander started my chapter proceedings. Therefore, I believe that my characterization of service should be changed from General under Honorable to Honorable". 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: NIF Discharge Received: Date: 020920 Chapter: 13-2f AR: 635-200 Reason: Physical Standards RE: SPD: JFT Unit/Location: E Co, 704th DSB, DISCOM, Ft Hood, TX 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: 971002 Current ENL Term: 6 Years ????? Current ENL Service: 4 Yrs, 11Mos, 19Days ????? Total Service: 4 Yrs, 11Mos, 19Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 91X10 Mental Health Specialist GT: 115 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Seaside, CA Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13-2f, AR 635-200, by reason of unsatisfactory performance for failure to pass the last three record APFTs, indebtedness and failure to report with a general, under honorable conditions discharge. She was advised of her rights. On 30 April 2002, the applicant 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 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 requirements and procedures for administrative discharge of enlisted personnel. Chapter 13-2e of this regulation, states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test. The reason for discharge will be shown as unsatisfactory performance/physical standards. Service of Soldiers separated because of unsatisfactory performance/physical standards for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. Furthermore, the analyst noted the applicant issue that her commander did not have a chance to observe her performance; however, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20100014296 ______________________________________________________________________________ Page 1 of 3 pages