Applicant Name:  ?????

Application Receipt Date: 2011/03/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was released from active duty due to an injury.  She needs an upgrade to be able to complete her service and receive benefits.  She received an uncharacterized discharge but she believes it was incorrect because she served for over 180 days.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 110204
Discharge Received: 			   Date: 110224   Chapter: 7, Section III    AR: 635-200
Reason: Defective Enlisted Agreement	   RE:     SPD: KDS   Unit/Location: HHC, 3d Bn, 11th IN Rgt, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 100823    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 06Mos, 02Days ?????
Total Service:  		00 Yrs, 06Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: None   GT: 114   EDU: College Graduate   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Dunn, NC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the applicant enlisted in the Army as a Specialist/E-4 to attend Officer Candidate School.  
       
       On 4 February 2011, the unit commander notified the applicant of disenrollment from officer candidate training due to medical reasons, through no fault of her own, which would prevent her from completion of the course.  The applicant sustained an injury to her hip while undergoing OCS training.  The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-16e, AR 635-200, by reason of inability of the U.S. Army to fulfill the applicant’s enlistment agreement.  
       
       On 7 February 2011, the applicant requested to be separated under Chapter 7-16, Unfulfilled Service Agreement.  
       
       On 16 february 2011, counsel reviewed the Chapter action and determined it to be legally sufficient.  The unit commander subsequently recommended separation from the Army  under the provisions of AR 635-200, Chapter 7, paragraph 7-16e, for Defective or Unfulfilled Enlistment Agreement.  
       
       On 23 February, the separation authority directed the applicant’s discharge from the Army with service as uncharacterized.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 7, paragraph 7-16b, of that regulation provides, in pertinent part, that an unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment for which the Soldier is qualified and it cannot be fulfilled by the Army through no fault of the Soldier.  Soldiers separated under this Chapter may be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the Applicant’s military records, the issue and the document submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The applicant contends that she suffered an injury and should have received a characterized discharge because she had served more than 180 days.  However, the evidence of record shows the applicant suffered an injury and could not continue to perform all the requirements to graduate from the Officer’s Candidate School.  The applicant’s service was uncharacterized because she was in entry-level status when she was first notified of the commander’s intent to separate her from the Army.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  A general, under honorable conditions discharge is not authorized under ELS conditions and a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  
       
       Additionally, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Moreover, the applicant requests an upgrade in order to complete her service and receive benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Further, notwithstanding the propriety of the applicant's discharge, the analyst determined that the applicant was incorrectly assigned a reentry eligibility (RE) code of “3”.  Therefore, the analyst recommends the reentry eligibility code be administratively changed to RE-1.  
       
       Finally, the applicant contends that the narrative reason for her discharge should be changed.  However, the applicant was separated under the provisions of Chapter 7, paragraph 7-16, AR 635-200 with service uncharacterized.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Defective Enlistment Agreement,” and the separation code is "KDS."  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 entered 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.    
       Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst found that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  Further, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant was incorrectly assigned a reentry eligibility (RE) code of “3” and directed that it be administratively changed to RE-1 as established in AR 635-5-1.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA












Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110004612
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