| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Mr. Thomas E. O’Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: That the reason and authority for her separation be changed.
APPLICANT STATES: That she does not understand why there was no record of her requesting leave or a hardship discharge to care for her child while her grandmother (who cared for her child) was having/recovering from surgery. She had gone through her chain of command and informed them of the problem. She does not feel it was just to discharge her with a chapter 11, entry level performance and conduct separation after she had gone through her chain of command and her grandmother had spoken with the commander, also. She provides as supporting evidence a note from her grandmother’s doctor verifying her grandmother was a patient (being followed for diabetes and mild pulmonary valve disorder) and a letter from her grandmother confirming she (the grandmother) had talked to several people at Fort Lee, VA concerning leave or a hardship discharge for the applicant.
EVIDENCE OF RECORD: The applicant's military records are not available. The information contained herein was obtained from alternate sources.
The applicant enlisted in the Regular Army on 10 August 1999. She completed basic training. She completed advanced individual training on 13 January 2000.
The applicant had been counseled on several occasions concerning her disruptive behavior. She accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on two occasions for failing to follow a direct order and failing to go to her appointed place of duty.
On 3 February 2000, the applicant’s commander recommended separation under the provisions of Army Regulation 635-200, chapter 11 based on the applicant’s disrespectful behavior and unwillingness to adapt to the military environment and after several attempts at rehabilitation to put forth effort to adapt to military life.
On 16 February 2000, after consulting with legal counsel, the applicant acknowledged notification of the proposed separation action. She elected not to submit a statement on her own behalf. On 23 February 2000, the appropriate authority approved the recommendation.
On 25 February 2000, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 for entry level status performance and conduct. Her character of service was “uncharacterized.” She had completed 6 months and 16 days of creditable active service with no lost time.
Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. 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 this requirement.
2. It appears the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights. She had an opportunity to provide a statement on her own behalf and failed to do so. Under all the circumstances and from her record of service, the Board concludes that a chapter 11 discharge was the appropriate authority for her separation.
3. 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
__slp___ __alr___ __teo___ DENY APPLICATION
| CASE ID | AR2001061672 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011023 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR 635-200, ch 11 |
| DISCHARGE REASON | A25.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 2004104752C070208
On 4 December 2000, the unit commander counseled the applicant and notified her of his intent to initiate separation action under the provisions of chapter 11, Army Regulation 635-200 with an uncharacterized discharge for entry-level performance and conduct. On 18 February 2004, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned...
ARMY | BCMR | CY2001 | 2001065177C070421
There is no evidence in the available records which shows the applicant applied for a hardship discharge. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that she requested a hardship discharge. DA Form 4856-E (Developmental Counseling Form), dated 9 August 2001, shows that the applicant’s separation was to be initiated under the provisions of Army Regulation 635-200, chapter 11, for entry level conduct and performance...
ARMY | BCMR | CY2003 | 03099127C070212
Her report of medical examination completed prior to her enlistment shows that she was medically fit with a physical profile serial of 1 1 1 1 1 1. A medical report indicates that the applicant was seen on 20 December 2000 because of headache and lower back pain. It provides for medical evaluation boards, which are convened to document a Soldier’s medical status and duty limitations insofar as duty is affected by the Soldier’s status.
ARMY | BCMR | CY2003 | 2003087825C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: He informed the applicant that following her father's stroke, she had elected to seek a hardship discharge for hardship reasons and failed to provide the necessary legal documentation to determine the custody of her three children, which led to the failure of her request for a hardship discharge.
ARMY | BCMR | CY2007 | 20070013182
In her self-authored statement, dated 13 August 2007, the applicant describes her difficulties adjusting to a predominantly male Army and describes occasions of sexual harassment she encountered during her military service. The applicant was neither married nor had any children during her military service. The applicant was discharged under the provisions of chapter 13 of Army Regulation 635-200.
ARMY | BCMR | CY2001 | 2001064675C070421
Pertinent Army Regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Chapter 11 of that regulation provides for the separation of personnel during the initial 180 days of service while still in an entry-level status. The available records show that the applicant was discharged under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct.
ARMY | BCMR | CY2003 | 2003089016C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 11 May 1994, the applicant submitted a request for a chapter 6, hardship discharge. The applicant's DD Form 214 shows that she was released from active duty on 3 June 1994 under the provisions of AR 635-200, paragraph 6-3b(2) and her service was characterized as honorable.
ARMY | BCMR | CY2014 | 20140007175
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 12 July 1982, her commander notified her he was initiating action to separate her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-31 (Expeditious Discharge Program (EDP)). Her DD Form 214 shows she was given an honorable separation after completing 1 year, 3 months, and 6 days of active military service.
ARMY | BCMR | CY2004 | 20040005089C070208
On 6 March 2003, the applicant underwent a mental status evaluation for consideration of a discharge due to a personality disorder. On the same date, the applicant was issued a temporary Physical Profile due to adjustment disorder/personality disorder. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.
ARMY | BCMR | CY2009 | 20090011252
The applicant requests change of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her characterization of service as "honorable" instead of "uncharacterized" and her separation code as "KDP" for hardship instead of "JGA" for entry-level status. There is no evidence of record which shows the applicant applied for a hardship discharge. Unfortunately, there is no evidence of record which shows the applicant submitted a request for a hardship discharge or that she...