| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. William D. Powers | Member | |
| Ms. Linda M. Barker | Member |
APPLICANT REQUESTS: That her uncharacterized discharge be upgraded to honorable, or general under honorable conditions.
APPLICANT STATES: That she didn't do anything wrong.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army for 4 years on 22 November 1996. She was assigned to Fort Jackson, South Carolina, for basic training and advanced individual training in military occupational specialty (MOS) 71L, Administrative Specialist.
The applicant completed basic training. While undergoing advanced individual training, she became pregnant. Her pregnancy interfered with her ability to complete her training and her commander, on 6 March 1997, recommended her separation under the provisions of chapter 11, Army Regulation 635-200, for entry level performance and conduct. She was advised of her rights and of the impact of the proposed separation action. She waived legal counsel and elected not to submit a statement in her own behalf. On 13 March 1997, the separation authority directed the applicant's separation with an uncharacterized discharge.
On 19 March 1997, the applicant was separated with an uncharacterized discharge under the provisions of chapter 11, AR 635-200, for entry level performance and conduct. She had 3 months and 28 days of creditable service.
The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade. The ADRB, after considering her case on 3 April 2002, denied her request.
AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 provides that a member may be separated for unsatisfactory performance or conduct, or both, while in an entry-level status. A soldier is in an entry-level status if, before the date of initiation of separation, he or she has completed no more than 180 days of creditable continuous active duty. Service for soldiers separated under chapter 11 is uncharacterized.
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 applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is correct given the applicant's status as an entry-level soldier.
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
__rjw___ __wdp___ __lmb___ DENY APPLICATION
| CASE ID | AR2002072340 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030304 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 19970319 |
| DISCHARGE AUTHORITY | AR 635-200 C11 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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