Applicant Name: ?????
Application Receipt Date: 2011/11/04 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states: "I believe very strongly that my military discharge should be upgraded from Uncharacterized° to Honorable for the following three reasons. First and foremost, on the the day of my separation I was told by the civilian that completed my out processing that my chapter 7-16 discharge (due to an injury) from the Army and from the OCS program that I would be eligible to upgrade my discharge status by filling out the correct paperwork. Second, I served in the Army for only four and a half months. During that time I always put forth my best effort and never once received disciplinary action of any kind. It was extremely important to me to be a proper soldier and act accordingly at all times. Third, it has always been my goal in life to work in law enforcement, part of my intent when I joined the military was to ensure that with college and military service my application to any law enforcement position would be almost unbeatable. The truth is, attempting to gain employment as a Police Officer or Sheriffs Deputy with anything other than an Honorable Discharge from the United States Army, greatly reduces my chances of being hired. Please consider my reasons and know that I did the best I could as a soldier. Had it not been for my injury I believe very strongly that I would have made my country proud as an Officer.
Thank you so much for your consideration.
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: 110908
Discharge Received: Date: 110927 Chapter: 7, Section III AR: 635-200
Reason: Defective Enlistment 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. Soldiers Overall Record
Age at current enlistment: 26
Current ENL Date: 110516 Current ENL Term: 03 Years ?????
Current ENL Service: 00 Yrs, 04 Mos, 12 Days ?????
Total Service: 00 Yrs, 04 Mos, 12 Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: None GT: 128 EDU: Coll Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
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 8 September 2011, the unit commander notified the applicant of disenrollment from officer candidate training due to medical reasons, through no fault of his own, which would prevent him from completion of the course.
The applicant requested to be separated under Chapter 7-16, Unfulfilled Service Agreement.
On 13 September 2011, the administrative civil law counseller, 1LT, JA, reviewed the Chapter action and determined it to be legally sufficient. The intermediate 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.
The separation authority directed the applicants 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 all the applicants military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that the applicant was disenrolled from officer candidate training due to medical reasons, through no fault of his own, which prevented his completion of the course and was discharged under the provisions of Chapter 7, paragraph 7-16, AR 635-200, by reason of defective enlistment agreement.
The applicants 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 Soldiers service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.
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 applicants record and his service did not warrant an honorable discharge.
This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.
The analyst noted the applicant's issue about trying to gain employment as a Police Officer or Sheriff's Deputy, however, however, 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: 18 May 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, dated 21 October 2011, Letter of Recommendation, dated 18 October 2011, Chronological Record of Medical Care, dated 20 September 2011, and DD Form 214 for the period of service under review.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record during the term of service under review, hearing his testimony, 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: 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 AR20110022350
______________________________________________________________________________
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