Search Decisions

Decision Text

ARMY | BCMR | CY2011 | AR20110005229
Original file (AR20110005229.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2011/03/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade of her discharge to general, under honorable conditions or a fully honorable discharge.  She contends that an upgrade would benefit her in obtaining employment.  The applicant submitted no issues of equity or propriety to be considered by the Board. 

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: 981019
Discharge Received: 			   Date: 981023   Chapter: 11     AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: E Co, 369th AG Bn, Fort Jackson, SC 

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:  18
Current ENL Date: 980706    Current ENL Term: 04 Years  00
Current ENL Service: 	00  Yrs, 03 Mos, 18 Days ?????
Total Service:  		00  Yrs, 03 Mos, 18 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Baltimore, MD 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 October 1998, 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 a lack of motivation, with an uncharacterized discharge.  She was advised of her rights.  
       
       On 19 October 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  
       
       On 20 October 1998, the separation authority waived further rehabilitative efforts and directed the applicant's separation from the Army with an uncharacterized discharge.
       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of this regulation, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of the regulation applies to Soldiers who can not meet the minimum standards for training, have demonstrated that they are not qualified for retention because they can not adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service.  The regulation requires uncharacterized service for separation under this chapter.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the   application she submitted, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS).  The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. 
       
       Army Regulation 635-200, provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  
       
       Army Regulation 635-200, also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when her separation is initiated while the Soldier is in entry level status.  A general, under honorable conditions discharge is not authorized under ELS conditions.  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 her service did not warrant an honorable discharge.
       
       The applicant contends that an upgrade would benefit her in obtaining employment.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       The applicant submitted no issues of equity or propriety to be considered by the Board.
       
       Therefore, the analyst determined that the reason for discharge and 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: 14 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA  

Exhibits Submitted: DD Form 149, undated. 

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 narrative reason for discharge was both proper and equitable and voted not to change it.




        
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None




































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 AR20110005229
______________________________________________________________________________

Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2007 | AR20070009440

    Original file (AR20070009440.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 26 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 adapt to military life due to an adjustment disorder, with an uncharacterized discharge. On 27 March 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be separated from the Army...

  • ARMY | DRB | CY2010 | AR20100014277

    Original file (AR20100014277.txt) Auto-classification: Denied

    Applicant Name: ????? Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. Even though the applicant did not state a type of characterization of service on her DD For 149 that she submitted, the Army Discharge Review Board looks at the narrative reason for separation and the characterization of service granted, which falls under the purview of this board.

  • ARMY | DRB | CY2009 | AR20090006312

    Original file (AR20090006312.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 14 January 2000, 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 the military motivationally with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue submitted with the...

  • ARMY | DRB | CY2007 | AR20070016111

    Original file (AR20070016111.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on (date not in file), 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. On 16 May 2006, the separation authority waived further rehabilitative efforts...

  • ARMY | DRB | CY2008 | AR20080002706

    Original file (AR20080002706.txt) Auto-classification: Denied

    Applicant Name: ????? 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. 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...

  • ARMY | DRB | CY2008 | AR20080002569

    Original file (AR20080002569.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 24 September 2002, 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 lack of motivation, with an uncharacterized discharge. Army Regulation 635-200, provides in pertinent part, that a soldier is in entry-level status for the first 180 days of continuous active duty. Certification Signature Board Vote:...

  • ARMY | DRB | CY2008 | AR20080018480

    Original file (AR20080018480.txt) Auto-classification: Denied

    On 3 November 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be separated from the Army with an uncharacterized discharge. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. 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...

  • ARMY | DRB | CY2010 | AR20100024465

    Original file (AR20100024465.txt) Auto-classification: Denied

    Applicant Name: ????? Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.

  • ARMY | DRB | CY2007 | AR20070016528

    Original file (AR20070016528.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 8 December 1999, 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, repeated APFT failure, and for lack of motivation, with an uncharacterized discharge. The applicant waived her right to consult with legal counsel, was advised of the impact of the discharge...

  • ARMY | DRB | CY2007 | AR20070017264

    Original file (AR20070017264.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 9 January 2007, 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 and failure to complete the APFT requirements with an uncharacterized discharge. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldier’s service will be...