Applicant Name:  ?????

Application Receipt Date: 2011/08/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  Through no fault of my own my contract could not be upheld. I signed a contract with the Army to attend Officer Candidate School. However, due to the fact that more candidates were accepted to attend OCS than the Army could commission through OCS, 1 was not admitted into the course. I completed every requirement and exceeded all the standards, yet I was still denied a spot in two consecutive classes.  I was administratively dropped from two consecutive classes because I had a lower score on the Army Physical Fitness Test than most of the other candidates.  I passed the APFT as required by my contract and the rules of OCS, I even exceeded the score required of me. However, I was still denied a spot in OCS due to space limitations. Nowhere in my enlistment contract or in the OCS SOP is it stated that candidates would have to compete for class seats. My enlistment contract actually guaranteed my attendance at OCS. Since I met and even exceeded all of the requirements and standards set by my contract and the OCS SOP I should not receive an uncharacterized discharge, but rather an honorable discharge.  During my short time in the Army I did not receive a single disciplinary action against me. I completed and exceeded all of the requirements stated in my contract.  An uncharacterized discharge hurts my chances to find employment with the federal government or local government. I don’t believe that my ability to find a job should be adversely affected by the fact that the Army could not fulfill my service agreement."

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: 110603
Discharge Received: 			   Date: 110623   Chapter: 7, Section III    AR: 635-200
Reason: Defective Enlistment Agreement	   RE:     SPD: KDS   Unit/Location: HHC, 3d BN (OCS), 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:  27
Current ENL Date: 110202    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 04 Mos, 22 Days ?????
Total Service:  		00 Yrs, 04 Mos, 22 Days ?????
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: None   GT: 134   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Atlanta, GA
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 3 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-16, AR 635-200, by reason of inability of the U.S. Army to fulfill the applicant’s enlistment agreement due to space limitations.
       
       On 3 June 2011, the applicant was counseled by the unit commander and requested to be separated under Chapter 7-16, for an unfulfilled service agreement through no fault of his own.  The intermediate commander recommended separation with an uncharacterized discharge.
       
       On 21 June 2011, the separation authority directed the applicant’s discharge from the Army with service as uncharacterized.  He was not transferred to the Individual Ready Reserve.  The applicant completed 4 months and 22 days of continuous active service.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 7, paragraph 7-16, 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 documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The applicant contends that he passed the Army Physical Fitness Test (APFT) but because the class was overbooked he could not make the OCS class.  He feels that this was through no fault of his own and requests an upgrade of his discharge to honorable in order to have better employment opportunities.
       
       However, the evidence of record shows the applicant did not achieve an APFT score that was high enough that would have allowed him to make a high standing in the OCS order of merit list.  The applicant’s service was uncharacterized because he was in entry-level status.  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 the 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.  
       
       Further, 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.  
       
       Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       
       In view of the foregoing, the analyst determined 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: 7 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, DA Form 4187, counseling statements, contract document.

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.  
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:



EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder?????


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 AR20110017161
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