Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999015565
Original file (1999015565.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UNCHAR

2. Date of discharge (or REFRAD): 980709

3. Authority for separation:

         a. Regulation: Chapter 11, AR 635-200

          b. Reason: Entry Level Performance and Conduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 8 Years
b. Entry date: 980129
c. Age: 30 Years DOB: 670716
d. Educational level: 15 Years
e. Aptitude area score:
          GT: 95 3. Highest grade achieved:
f. Length of Service: E3
0 Years 5 Months 11 Days

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


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

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The evidence of record shows that on 1 June 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, entry level performance and conduct, with an uncharacterized discharge. The applicant was advised of her rights, acknowledged notification, waived her right to legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in her own behalf. On
6 June 1998, the separation authority directed that the applicant be discharged with an uncharacterized discharge.

         b. On 9 July 1998, the applicant was discharged with an uncharacterized discharge. At the time of her discharge she had completed 5 months, and 11 days of active military service.

         c. The record reflects that the applicant completed under six months of active military service and that the highest grade she held on active duty was private first class/E-3. The applicant while attending basic training at Fort Jackson, South Carolina experienced difficulty in meeting the physical requirements. After being seen and evaluated by medical personnel, throughout April and May 1998, the applicant expressed her desire not to participate in anymore physical therapy because she had physical therapy at Lackland AFB which resulted in no improvement. The final recommendation by medical authorities was that the applicant either be processed for separation or returned to them for a Physical Training Remedial Program (PTRP). Between 29 and 30 June 1998 the applicant was counseled by her platoon sergeant, first sergeant, and unit commander pertaining to her refusal to participate in a PTRP, her lack of motivation and her desire to be discharged. The unit commander also advised the applicant of the impact of an entry level separation at which time the applicant again expressed her desire to be discharged rather than go to a PTRP. The reserve liaison sergeant major also discussed the situation with the applicant at which time it was again established that the applicant refused to go to a PTRP and wanted a discharge; the applicant, during this session also indicated that she did not desire counsel and elected not to submit a statement in her own behalf.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. This provision of regulation applied to individuals who had demonstrated that they were 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. The separation policy applies to soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. The regulation requires uncharacterized service for separation under this chapter.
SECTION B-APPLICANT’S SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.

As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:
          A-1: DD Form 293, dated 981118, with three (3) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 10 February 1999.

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
          Counsel ( ) Yes ( X ) No
         e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( X ) Recharacterization ( ) Change of Reason


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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1) and (2) The issues are rejected. The Board noted the applicant’s contentions that, in effect, her uncharacterized discharge was unjust because during her brief period of service she served with honor; and that she was only interviewed by her master sergeant who pressed her to go to PTRP and didn’t listen to her arguments against further physical therapy or PTRP. However, the Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the right of the applicant were fully protected throughout the separation process. 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. An honorable discharge is rarely ever granted for an ELS and may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Board determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

 (3) and (4) The Board noted the applicant’s contentions that, in effect, she expressed her desire to remain in the Army and her physical problems were out of control; and that she wanted to not spend the government’s financial resources unnecessarily. However, the Board concluded that before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies which could lead to separation. The evidence of record established that the applicant was given ample opportunity to receive medical assistance and to remain in the Army, which she refused. As she elected not to conform to required performance standards, the command appropriately determined the applicant did not demonstrate the potential for further military service.
3. Response(s) to item(s) not addressed as decisional issue(s): NONE
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, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. JOSEPH A. ADRIANCE
Case Reviewing Official 


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

 AR Number: 1999015565 INDEX NUMBERS: A9217
Date of Review: 990210 A9321
Character of Service: EL A9411
Date of Discharge: 980709 A0100
Authority: AR 635-200 C11
Reason: A2900
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    
2.      Mbr      X          X    
3.      Mbr      X          X    
4.      Mbr      X          X    
5.      Mbr      X          X    

Similar Decisions

  • ARMY | DRB | CY2000 | 2000047927

    Original file (2000047927.rtf) Auto-classification: Denied

    This document identifies the reason and characterization of the discharge as uncharacterized under the provisions of Chapter 11, AR 635-200, entry-level performance and conduct with an SPD Code of JGA. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S....

  • ARMY | DRB | CY1999 | AR1999024287

    Original file (AR1999024287.rtf) Auto-classification: Denied

    The available record also includes properly constituted DD Form 214 which was signed by the applicant and documents the reason for separation and that she received an uncharacterized description of service, while in an entry level status. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J....

  • ARMY | DRB | CY1999 | 1999016057

    Original file (1999016057.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for...

  • ARMY | DRB | CY2000 | 2000036639

    Original file (2000036639.rtf) Auto-classification: Denied

    On 8 May 1998, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000041666

    Original file (2000041666.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted...

  • ARMY | DRB | CY2002 | 2002077485

    Original file (2002077485.TXT) Auto-classification: Denied

    Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l1, AR 635-200, by reason of entry level status, with an uncharacterized discharge. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY1999 | AR1999023609

    Original file (AR1999023609.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999023609 INDEX...

  • ARMY | DRB | CY1999 | 1999022338

    Original file (1999022338.rtf) Auto-classification: Denied

    c. The applicant’s unit commander initiated separation action on the applicant, under the provisions of Chapter 11, AR 635-200 by reason of entry level separation, based on her lack of motivation to complete basic training and her statements to the effect that she would do anything to get out of the Army. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRAINCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A -...

  • ARMY | DRB | CY2000 | 2000041135

    Original file (2000041135.rtf) Auto-classification: Denied

    The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000042235 INDEX NUMBERS: A9217 Date of Review: 000517 A9309 Character of Service: EL A0100 Date of Discharge: 970422 Authority: AR 635-200 C11 Reason: A2900 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1998 | 1998012749

    Original file (1998012749.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1998012749 INDEX NUMBERS: A9321 Date of Review: 990120 A9217 Character...