Application Receipt Date: 060901 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 941024 Discharge Received: Date: 941103 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: C Company, 2nd Battalion, 13th Infantry Regiment, 1st BCT Brigade, Fort Jackson, SC 29207-6100 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: 710701 Current ENL Date: 940922 Current ENL Term: 4 Years ????? Current ENL Service: 00 Yrs, 01 Mos, 12 Days ????? Total Service: 00 Yrs, 01 Mos, 12 Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: None GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None 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: On 18 October 1994, the applicant was diagnosed by competent medical authority with a 309.00, Adjustment Disorder with Depressed Mood. The evidence of record shows that on 24 October 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct (she was diagnosed as having an adjustment disorder with depressed mood), with an uncharacterized discharge. She was advised of her rights. The applicant's election of rights are not contained in the available record and the analyst presumed Government regularity in the discharge process. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 1 November 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized separation of service. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service. The separation policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. The regulation requires uncharacterized service for separation under this chapter. 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, the issue and documents she submitted, the analyst noted that unit commander initiated action to separate the applicant under the provisions of Chapter 11, AR 635-200, by reason of a entry level performance and conduct, with service uncharacterized. The applicant was counseled on several occasions to inform her that she was being recommended for separation action under Chapter 11, AR 635-200. The applicant was diagnosed by competent medical authority with a 309.00 Adjustment Disorder with Depressed Mood. The separation authority approved the applicant's discharge under the provisions of Chapter 5, paragraph 5-13, AR 635-200, with a characterization of service as uncharacterized. A Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. A general discharge is not authorized under ELS conditions. In view of the aforementioned, the analyst determined that the narrative reason for separation was inequitable and recommends a change to the narrative reason for separation to ” Entry Level Performance and Conduct" and that item 25 on the DD Form 214, Separation Authority be changed to "Chapter 11, AR 635-200," with a corrresponding (SPD) code of "JGA." However, the analyst determined that the characterization of service was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 September 2007 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 0 No change 5 - 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 narrative reason for discharge was inequitable. Accordingly, the Board voted to change the narrative reason for separation to ” Entry Level Performance and Conduct" and change item 25 on the DD Form 214, Separation Authority to "Chapter 11, AR 635-200," with the corrresponding (SPD) code of "JGA." However, the Board determined that the characterization of service was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Entry Level Performance And Conduct under provisions of Chapter 11, AR 635-200. Other: Change Separation Authority to " Chapter 11, AR 635-200," with the corrresponding (SPD) code of "JGA." RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 26 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012262 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages