Applicant Name:  ?????

Application Receipt Date: 2011/11/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My discharge was due to a breach of contract by the Army “through no fault of my own”. I completed all training, went above and beyond consistently in each unit I was assigned and proved my leadership skills and physical abilities. When I signed up for OCS I was promised a spot in the program, but was denied entry once I arrived. I feel that I was an ideal candidate and an outstanding soldier.  I received certificates of appreciation for my volunteering for duties, and it is because of this and my 170+ days of excellent service that I request my separation be changed from uncharacterized to honorable."

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: 110503
Discharge Received: 			   Date: 110516   Chapter: 7-16, 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.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 101122    Current ENL Term: 03 Years  ?????
Current ENL Service: 	00 Yrs, 05  Mos, 25  Days ?????
Total Service:  		00 Yrs, 05  Mos, 25  Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: None   GT: 134   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 3 May 2011, the unit commander notified the applicant of disenrollment from officer candidate training due to class space limitations, through no fault of his own.  
       
       On 25 April 2011, the applicant requested to be separated under Chapter 7-16, Unfulfilled Service Agreement.  
       
       On 9 May 2011, the Administrative and Civil Law Counselor, CPT/JA counsel 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.
       
       12 May 2011, the separation authority directed the applicant’s 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 applicant’s 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 class space limitations, through no fault of his own, and was discharged under the provisions of Chapter 7, paragraph 7-16, AR 635-200, by reason of defective enlistment agreement.
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, 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 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 applicant’s 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 180 days on active duty.
       
       
       
       
       
       
       
       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.  
       
       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 14 November 2011, Certificate of Appreciation, dated 19 April 2011, Certificate of Training, dated 24 February 2011, and DD Form 214 for the period of service under review.

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 AR20110022869
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