| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Ms. Joann Langston | Chairperson | |
| Ms. Melinda M. Darby | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That Item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed to show that his service was honorable instead of uncharacterized.
APPLICANT STATES: In essence, that he was accused of sending his recruiter a death threat. In support of his request, he submits a copy of a DA Form 4856 (Developmental Counseling Form) that indicates he was counseled in March 2001 for being disrespectful towards a noncommissioned officer (NCO), and for sending his recruiter a letter that contained a dime and a noose made of dental floss. The applicant's chain of command questioned him about the implications of his actions and he refused to explain.
EVIDENCE OF RECORD: The applicant's military records show:
That on 26 January 2001, he enlisted in the Regular Army (RA) for 3 years and training in military occupational specialty (MOS) 63B, Light Wheel Vehicle Mechanic. On 9 February 2001, he was assigned to Fort Benning, Georgia, for basic training. He did not complete basic training, never commenced his MOS training, and he was never awarded the MOS.
Between 1-23 March 2001, the applicant received general counseling statements for unsatisfactory performance and conduct; for continuously going on sick call to get out of training; for missing the Army Physical Fitness Test; for lack of personal desire and effort to meet training requirements; for lack of motivation; for failure to adapt to military life; for being disrespectful towards a NCO; and for failure to follow instructions. He was counseled concerning the consequences of being separated under the provisions of chapter 11 and he was informed that he would receive an entry level separation and his service would be uncharacterized.
On 26 March 2001, the applicant's unit commander notified him of initiation of separation action under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct with an uncharacterized discharge. He was also advised of his rights and the impact of the discharge action. The applicant acknowledged notification and waived legal representation and did not submit a statement in his own behalf.
On an unknown date, he was voluntarily placed in an excess leave status pending discharge.
On 28 March 2001, the approval authority waived further rehabilitative efforts and directed that the applicant be separated with an uncharacterized discharge.
On 16 April 2001, the applicant was separated under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct. He had completed 2 months, and 21 days of creditable active military service.
On 31 October 2001, the Army Discharge Review Board denied the applicant’s request to upgrade the characterization of his service to honorable.
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 during the initial 180 days of service while still in an entry-level status. The policy applies to soldiers who have demonstrated that they are not qualified for retention because they cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. These soldiers are given an uncharacterized discharge and, when discharged under the provisions of chapter 11, are discharged by reason of entry-level status performance and conduct. Only in certain meritorious cases approved by the Secretary of the Army are they entitled to an honorable discharge.
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. 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. His records show that he was counseled for lack of desire and effort to meet minimum training requirements; for lack of motivation; failure to adapt to military life; and for unsatisfactory performance and conduct. He was also informed of the consequences of being separated under the provisions of chapter 11 with an uncharacterized discharge.
3. The applicant’s discharge proceedings were conducted in accordance with law and regulations. The character of the discharge is commensurate with the applicant's status as an entry level soldier.
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
__jhl___ __mmd___ __reb___ DENY APPLICATION
| CASE ID | AR2002070726 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020919 |
| TYPE OF DISCHARGE | (UNCHAR) |
| DATE OF DISCHARGE | 20010416 |
| DISCHARGE AUTHORITY | AR635-200, Chap 11 |
| DISCHARGE REASON | A29.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.2900 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2013 | 20130010824
The applicant requests, in effect, correction of his records to show he received an honorable or a general discharge instead of an uncharacterized discharge. Subsequent to the applicant's acknowledgement and consultation with counsel, his immediate commander initiated separation action against him in accordance with chapter 11 of Army Regulation 635-200 by reason of lack of attitude and motivation to successfully complete the Soldierization process and meet graduation requirements...
ARMY | DRB | CY2009 | AR20090006179
Applicant Name: ????? 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 11, AR 635-200, by reason of entry level performance and conduct for failure to adapt to military life, refusal to participate in training, and for lack of motivation, with an uncharacterized discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...
ARMY | DRB | CY2008 | AR20080005468
Facts and Circumstances: The evidence of record shows that on 1 August 2001, 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 for failure to adapt to military environment, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review...
ARMY | DRB | CY2006 | AR20060013805
Facts and Circumstances: The evidence of record shows that on 1 May 2001, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 11, by reason of entry level performance and conduct (he cannot or will not adapt socially or emotionally to military life), with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of...
ARMY | BCMR | CY2011 | 20110012293
On 17 July 1991, the separation authority approved the applicant's discharge from the Army in accordance with Army Regulation 635-200, chapter 11 with an uncharacterized character of service. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms she was discharged in accordance with Army Regulation 635-200, chapter 11 with an uncharacterized character of service. When separated within the first 180 days, service is usually not characterized unless the...
ARMY | DRB | CY2007 | AR20070013569
Facts and Circumstances: The evidence of record shows that on 21 March 2001, 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 for failure to meet the minimum Armys Physical Fitness Standards (APFT) required to complete basic training due to lack of motivation and low aptitude, with an uncharacterized discharge. On 21 March 2001, the separation authority waived...
ARMY | BCMR | CY2013 | 20130014288
The applicant requests correction of his records to show he received an honorable discharge instead of an uncharacterized discharge. Subsequent to the applicant's acknowledgement and consultation with counsel, his immediate commander initiated separation action against him in accordance with chapter 11 of Army Regulation 635-200 by reason of lack of attitude and motivation. It states an uncharacterized separation is an entry-level separation.
ARMY | BCMR | CY2011 | 20110007828
He further acknowledged that may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and that he may make an application to the Army Discharge Review Board (ADRB) or Army Board for Correction of Military Records for an upgrade of his discharge; however, he acknowledged he realized that an act of consideration by either Board does not imply that his discharge would be upgraded. On 27 May 2008, the applicant was discharged...
ARMY | DRB | CY2005 | 20050007655
DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 23 December 2005 Office of the President After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. Minority views:...
ARMY | BCMR | CY2011 | 20110004129
The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized to honorable. On 7 March 1986, the separation authority approved the applicant's discharge from the Army in accordance with chapter 11 of Army Regulation 635-200, by reason of entry level performance and conduct with an uncharacterized discharge. His separation code was assigned based on the fact that he was separated under...