On 5 May 1997 in a formal hearing, the Army Discharge Review Board, in a unanimous opinion, again denied the applicant’s request to upgrade his discharge.
Army Regulation 635-200 sets forth the basic authority
for the separation of enlisted personnel. Chapter 11 of
that regulation provides for the separation of personnel
in an entry level status for unsatisfactory performance
or conduct as evidenced by inability, lack of reasonable
effort or a failure to adapt to the military
environment. These provisions apply only to individuals
whose separation processing is started within 180 days
of entry into active duty. An uncharacterized
separation is mandatory under this chapter.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which wound tend to jeopardize his rights. The applicant’s conduct was clearly unsatisfactory. His discharge in an entry level status was appropriate.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant’s request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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On 14 January 1994 the applicant’s commanding officer notified the applicant that he was initiating action to separate him for misconduct under the provisions of Army Regulation 635-200, chapter 14, for being AWOL for 28 days. On 19 January 1994 the applicant’s commanding officer recommended to the separation authority that the applicant be discharged. However, that board again, in an unanimous opinion, denied the applicant’s request to change his discharge (Tab D), stating that the...
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Recruit is subject to new DOR Program at recruit training.920404: Recruit dropped to MRP due to chest pain. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the...
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