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ARMY | DRB | CY1997 | 199701423
Original file (199701423.rtf) Auto-classification: Denied

                                    CASE NO: AD97-01423
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): EL (Uncharacterized)

2. Date of discharge (or REFRAD): 961223

3. Authority for separation:

         a. Regulation: Chapter 11, AR 635-200

          b. Reason:       Entry Level Performance and Conduct
4. Prior review(s): ( X ) NONE
5. Action requested: ( X ) Recharacterization ( ) Change of Reason


PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            Type

a. Period entered for: 4 Years
b. Entry date: 960801
c. Age: 19 Years DOB: 770726
d. Educational level: HS Grad
e. Aptitude area scores:
         GT: 99 3. Highest grade achieved:
f. Actual creditable service: 0 Years
4 Months 23 Days Grade
E1

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01423
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment: ( X ) NONE


7. Court-Martial data: ( X ) NONE
         a. SCM: ( X ) NONE
                  Date Offense(s)

        
         b. SPCM: ( X ) NONE
                  Date Offense(s)
         c. GCM:  ( X ) NONE
                  Date Offense(s)

8.       Remarks: ( X ) NONE
SECTION B - Other Service Data
( X ) NONE


         CASE NO: AD97-01423
PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         961122:  Unit commander notified the applicant of initiation of separation                 action under the provisions of Chapter 11, AR 635-200, Entry Level                Status Performance.
         961122:  Applicant acknowledged notification and completed his election of                 rights on which he waived legal counsel and submitted a statement in              his own behalf (applicants statement-not in file).
         961126:  Unit commander recommended separation from the service.
         961210:  Separation authority waived rehabilitation and directed separation                with an uncharacterized discharge.
         961223:  Applicant was discharged.
        

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         As stated on applicant’s DD Form 293.
 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970331.
        





PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits

1. Review/Hearing information:
         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-01423
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : That his uncharacterized service be changed to honorable.

2. APPLICANT CONTENDS : That his discharge was inequitable because it was based on one isolated incident in five months of service.

3. COUNSEL CONTENDS : The applicant is not represented by counsel at this time.

4. SUMMARY OF SERVICE : The applicant enlisted in the Regular Army for a four year period on 1 August 1996 and was assigned to Fort Sill, Oklahoma for basic training.

During the period 13 August through 23 November 1996 the applicant received 12 counseling statements regarding his inability to meet physical fitness standards.
The record contains no specific information regarding individual achievement for the applicant nor does it contain further adverse information.

On 22 November 1996 the applicant was notified and acknowledged receipt of the unit commander’s intent to initiate separation action , under the provisions of Chapter 11, AR 635-200, for failure to adapt (motivational), based on the applicant failing four physical fitness tests. Also on the 22nd of November the applicant consulted with counsel and was afforded all rights associated with the action. On 26 November 1996 the unit commander initiated the separation action and on 10 December 1996 the appropriate authority approved an entry level separation with uncharacterized service. Accordingly, on 23 December 1996 the applicant was discharged after completing 4 months and 23 days of active military service.

5. LEGAL/REGULATORY BASIS FOR SEPARATION : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry level status. A soldier is in an entry level status for the first 180 days of continuous active duty service and this period provides the soldier a probationary period in which to prove himself. This policy applies to individuals who demonstrate that they are not qualified for retention because they could not adapt socially or emotionally to military life , or because they lacked the aptitude , ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service. Soldiers who fit the aforementioned criteria may be expeditiously separated while in an entry level status with an “uncharacterized” characterization of service.
6. ISSUES OF PROPRIETY : None


7. ISSUES OF EQUITY : The applicant submits one issue of equity.


                                     CASE NO: AD97-01423
PART VI - ISSUES AND FINDINGS

1. Applicant's issue(s) of propriety and/or equity:
          ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

          b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1) The issue is rejected. The Board noted from the evidence of record that the applicant received an uncharacterized separation while in an entry level status (ELS). The separation authority approved the applicant's discharge as entry level status, with the description of service as uncharacterized. 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. A general discharge is not authorized under ELS conditions. An honorable discharge is rarely ever granted for an entry level separation. The Secretary of the Army, on a case- by-case basis, may determine that a characterization of service as honorable is clearly warranted by unusual circumstances involving personal conduct and performance of duty. The Board determined that the applicant's service did not warrant a determination by the Secretary of the Army nor an honorable discharge. Accordingly, the Board voted to deny relief.

3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-01423
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .
         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, Virginia 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01423
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified.      

                                
MR. JOSEPH A. ADRIANCE
Case Analyst and Reviewing Official.
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:
WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:


JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9701423 971210 UC 961223 AR 635-200 C11 A2900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52
A9235
53
REMARKS
Case Management Data

( ) Notify inquiries clerk. Response to other correspondence required upon completion of case.

( ) Escalated mode of hearing. Applicant is entitled to another review only if he/she/authorized representative appears before a hearing panel. If there is no response to notification letter or applicant/representative fails to appear for the hearing, the case will be returned to the ARBA Support Division, St. Louis without action.

( ) DD Form 149 in file. Send case to ABCMR.

                           CASE NO: AD97-01423
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1. LTC SMITH, LILLIAN C. Mbr      X          X    
2. COL JACKSON, MICHAEL H. Mbr      X          X    

 3. COL ALLEN, THOMAS J Mbr      X          X    
3. COL SHATZER, WILSON A. Mbr      X          X    
5. COL MELCHIOR, ROBERT J.. PO      X          X    

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