Applicant Name: ?????
Application Receipt Date: 2011/10/17 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that she had many negative experiences with her drill sergeants and 1st sergeants and as a result of this, she was unable to successfully complete her cycle. The second explanation was her own childhood abuse by her parents and she felt like her drill sergeant used that as negative feedback toward her and as a tactic to discharge her.
She believes that the drill sergeants emotionally abused and made examples out of her. Due to her parents physical and emotional abuse, she always had both low confidence and self esteem and these two factors destroyed her emotionally and tremendously affected her in basic combat training cycle. She believes this was harassment and unfair treatment because the other trainee Soldiers were not treated the same as she was. She wants to reenlist and make the Army a caree.
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: 071205
Discharge Received: Date: 071213 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. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 070921 Current ENL Term: 3 Years 18 weeks/The applicant required a medical waiver at the time of enlistment, which was approved on (070910).
Current ENL Service: 0 Yrs, 2 Mos, 23 Days ?????
Total Service: 0 Yrs, 2 Mos, 23 Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: None GT: 89 EDU: Coll Grad Overseas: None Combat: None
Decorations/Awards: NDSM
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 5 December 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 failing to adapt to military life and meeting the minimum standards for successful completion, having unsatisfactory performance and failing to respond to counseling and retraining efforts, with an uncharacterized discharge. She was advised of her rights.
On 5 December 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge.
On 7 December 2007, the separation authority waived further rehabilitation and directed the applicants 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 applicants military records, the issue and documents submitted with the application, 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 Soldiers 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 her discharge be upgraded to general, under honorable conditions. However, a general, under honorable conditions discharge is not authorized under ELS conditions. Further, this is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.
The applicant further contends that during her own childhood she was abused by her parents and felt like her drill sergeant used that as negative feedback toward her and as a tactic to discharge her; she believes this was harassment and unfair treatment because the other trainee Soldiers were not treated the same as she was. She wants to reenlist and make the Army a career.
Although the applicant alleges that she was a victim of harassment and unfair treatment during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support her request for an upgrade of his discharge. Furthermore, 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, If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.
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 5 October 2011, self authored statement dated 5 October 2011, DA Form 3822-R dated 31 October 2007 and 26 November 2007, Mental Status Evaluation dated 14 November 2007,
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 AR20110021234
______________________________________________________________________________
Page 3 of 4 pages
ARMY | DRB | CY2007 | AR20070016111
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 | BCMR | CY2001 | 2001064034C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In regards to the accusation that she threatened DS B___, she believed she had been subjected to unfair and harsh treatment under DS B___’s supervision. 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:
ARMY | DRB | CY2009 | ar20090006743
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 22 June 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 because she clearly demonstrated that she could not or would not adapt socially or emotionally to military life and would be a detriment to future units, with an uncharacterized discharge. Board Action Directed President,...
ARMY | DRB | CY2007 | AR20070017264
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 soldiers service will be...
ARMY | BCMR | CY2011 | 20110003780
The DA Form 4856 completed on that date shows his drill sergeant stated: PVT [Applicant], on 26 September 2007, you were counseled on the unfortunate death of your sister and the concern you had for your parents' emotional well being. His record is void of documentation showing he applied for a discharge due to hardship or dependency when he returned to duty after his convalescent leave and the death of his sister. The applicant should note that because he was in an entry-level status,...
ARMY | DRB | CY2008 | AR20080003592
Facts and Circumstances: The evidence of record shows that on 23 October 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 for not having the ability or physical endurance needed to complete Basic training, with an uncharacterized discharge. The applicant waived her right to consult with legal counsel, was advised of the...
ARMY | BCMR | CY2011 | AR20110008116
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. The applicant has submitted no probative medical evidence that she had a medical problem which rendered her disqualified for further military service and that she was not able to perform her training, with either medical limitation or medication.
ARMY | DRB | CY2012 | AR20120006526
Applicant Name: ????? On 28 September 2011, the separation authority waived further rehabilitative efforts and directed the applicant's separation from the Army with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," the separation code is "JGA," and the reentry code is "RE 3."
ARMY | DRB | CY2006 | AR20060010080
Facts and Circumstances: Evidence of record shows that on 2 June 2004, 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 (failure to adapt), with an uncharacterized discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts...
ARMY | DRB | CY2006 | AR20060010072
Original Character of Discharge Unit CDR Recommended Discharge: Date: 961011 Discharge Received: Date: 961023 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief. ...