Applicant Name:  ?????

Application Receipt Date: 2011/10/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he joined during the time of war hoping to do his part and had four drills with the Army National Guard prior to shipping off to basic and ait.  He left his wife and children to go to an OSUT training for 51/2 months and while he was away, his family was repeatedly lied to by his company.  His grandfather passed away and his wife fell into a deep clinical depression in which she was prescribed medication and counseling for.  When he brought this to the attention of his chain of command, they did absolutely nothing to try and help his situation. 

He was continually put down in front of the entire company, not given any hydration devices, woken at unreasonable hours to go stand at details on more than one occasion, and even made to skip meals.  He is not sorry that he was released from the Army because after this display of family care, this is not an organization he wants to be part of.  He finds that after 6 months of loyal service to the cause, he and his family were treated like this and his DD Form 214 shows his characterization of service as uncharacterized and this is something employers find difficult to understand.  

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: 110531
Discharge Received: 			   Date: 110609   Chapter: 11       AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: ????? 

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:  23
Current ENL Date: 110126    Current ENL Term: ????? Years  21 weeks
Current ENL Service: 	0 Yrs, 4  Mos, 14  Days ?????
Total Service:  		0 Yrs, 9  Mos, 14  Days ?????
Previous Discharges: 	ARNG 100826-110125/NA
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 119   EDU: 13 Years   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 May 2011, 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 socially and emotionally to military life, refusal to meet the minimum standards prescribed for successful completion of training, and for lack of aptitude, ability, motivation and self discipline, with an uncharacterized discharge.  He was advised of his rights.  
       
       On 31 May 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  On 31 May 2011, the separation authority waived further rehabilitation 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.  For separation under this Chapter the regulation requires 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 application, the analyst the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.   
       
       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 the separation is initiated while the Soldier is in entry level status.  The analyst noted the applicant's issue requesting that his discharge be upgraded to honorable.  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 no such unusual circumstances were present in the applicant’s record and the former Soldier’s service did not warrant an honorable discharge.  
       
       The applicant contends that while he was away, his family was repeatedly lied to by his company and his grandfather passed away; his wife fell into a deep clinical depression in which she was prescribed medication and counseling for.  When he brought this to the attention of his chain of command, they did absolutely nothing to try and help his situation.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       Further, while the applicant may believe that his chain of command did absolutely nothing, the record of evidence does not demonstrate that he sought relief from his situation through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his failure to adapt socially and emotionally to the military life.  The applicant further contends that after 6 months of loyal service to the cause, he and his family are treated like this and his DD Form 214 shows his characterization of service as uncharacterized and this is something employers find difficult to understand.  This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Therefore, 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: 11 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 28 September 2011.

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: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20110020258
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