IN THE CASE OF: BOARD DATE: 8 June 2015 CASE NUMBER: AR20150001587 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to change the characterization and reentry code that corresponds with the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, an upgrade of his reentry code would allow him to reenlist in the Army. He was discharged after failing three first-aid tests during basic training. Although he was capable of passing the tests, he chose to gain a release from the Army. He is genuinely apologetic for wasting the time and efforts of others. He is respectfully requesting the proverbial second chance to right his wrong and be a benefit to the Army. He is currently employed and stable, but he is not content with himself or his role in life. He has the aptitude to succeed in the Army. He simply did not have the maturity at the time. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 26 January 2015 b. Discharge Received: Uncharacterized c. Date of Discharge: 8 May 2012 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200 Chapter 11, JGA, RE-3 e. Unit of assignment: Co A, 701st MP Bn, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 6 March 2012, 5 years g. Current Enlistment Service: 2 months, 3 days h. Total Service: 2 months, 3 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 6 March 2012, for a period of 5 years. He was 18 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 2 months and 3 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 8 May 2012, the applicant was discharged under the provisions of Chapter 11, AR 635-200, with the reason specified as entry level performance and conduct and the characterization described as uncharacterized. The DD Form 214 shows a Separation Program Designator (SPD) code of JGA and a reentry (RE) code of 3. 3. The applicant’s available record does not show any record of actions under the UCMJ or unauthorized absences or time lost. 4. On 7 May 2012, HQDA USA Maneuver Support Center of Excellence, Fort Leonard Wood, MO, Orders Number 128-1308, discharged the applicant from the Army, effective 8 May 2012. 5. The applicant’s available record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders described at the preceding paragraph 4. 2. There are no negative counseling statements or actions under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant states, in effect, he is currently employed and stable. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. 2. Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. 3. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, entry level performance and conduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request to change the reentry code that corresponds with the narrative reason for discharge was carefully considered. However, after examining the applicant’s record of service and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for his discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. 3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, with a characterization of service described as uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant contends that he would like an upgrade of the reentry code to allow him to reenlist in the Army. However, the reentry code he received corresponds with the narrative reason for his discharge. He was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," and the separation code is "JGA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 5. Furthermore, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former Service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 6. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 7. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s available service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 8. Therefore, based on the available evidence, the reason for discharge, the reentry code, and the characterization of service appear to be proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 8 June 2015 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: None DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. EMT Certification (1 page) b. Dean’s List (1 page) c. FEMA Certification (3 pages) d. Fire Academy acceptance letter (1 page) e. College Transcripts (4 pages) 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional documents, and testimony, presented by the applicant at the personal appearance hearing. Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: No Change Change RE Code to: No Change Grade Restoration to: NA Other: NA Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20150001587 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1