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ARMY | DRB | CY2000 | 2000038152
Original file (2000038152.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: Uncharacterized

2. Date of discharge (or REFRAD): 890803

3. Authority for separation:

         a. Regulation: Chapter 7, AR 635-200

          b. Reason: Defective Enlistment
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ASR
a. Period entered for: 2 Years 16 Weeks
b. Entry date: 890321
c. Age: 32 Years DOB: 560904
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 111 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 4 Month(s) 13 Day(s)

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


Other discharge(s):

          Service   From      To        Type Discharge
         USAR     760913   780316   Honorable



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. Evidence of record shows that on 20 July 1989, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, Paragraph 7-15, AR 635-200, by reason of erroneous enlistment (i.e., prerequisite failure due to deficient hearing), with an uncharacterized discharge. He was advised of his rights and informed of his options. The applicant consulted with legal counsel, submitted a statement in his own behalf, and elected to be discharged from service. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge. On 24 July 1989, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized discharge.

         b. On 3 August 1989, the applicant was discharged. At the time of discharge, the applicant had 4 months, and 13 days, service on his current enlistment and 1 year, 10 months and 17 days total time in service.

         c. The applicant was enrolled as a 96R (Ground Radar Surveillance Operator) in advanced individual training (AIT) when he began having difficulties in hearing different frequencies used in said MOS. A hearing test revealed that the applicant had a permanent hearing loss of H2. The 96R MOS requires a hearing loss no greater than H1. On 10 July 1989, the applicant was withdrawn from the 96R class as a prerequisite failure. The applicant was given 48 hours to decide whether he wanted to be trained in another MOS or be separated from service under the provisions of Chapter 7, Paragraph 7-15. The applicant elected to separate from service.

2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, Paragraph 7-15, of that regulation provides the policies and procedures for the separation of soldiers due to an erroneous enlistment. Soldiers separated under this paragraph will be awarded an honorable character of service unless an entry-level separation is required.
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 000217.
         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, DC on 30 March 2000 .

         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) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The evidence of record shows that while in advanced individual training (AIT) for military occupational specialty (MOS) 96R (Ground Surveillance Radar Operator), the applicant was withdrawn from the course because he was found to be a prerequisite failure due to a hearing deficiency. The applicant was given the options to remain in service and be trained in another MOS or be separated from service due to an erroneous enlistment. The applicant elected to be separated from service. The Board found no evidence of arbitrary or capricious actions by the command. The separation authority approved the applicant's discharge as entry-level status (ELS), 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. An honorable discharge is rarely ever granted for an ELS. 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 Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. The Board was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. The Board being convinced that the approved reason for the discharge and the characterization of service were both proper and equitable, voted to deny relief.

Notwithstanding the aforementioned, the Board noted that the applicant’s DD Form 214 requires administrative changes to blocks 25 (Separation Authority), 26 (Separation Code), and 28 (Narrative Reason For Separation). The applicant was discharged under the provisions of AR 635-200, “Paragraph 7-15,” by reason of “Erroneous Enlistment” with a separation code of “JFC.”

 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                                  .
         ( X )    Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to Erroneous Enlistment under  AR 635-200,
                  Paragraph 7-15.

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. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 31 March 2000

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Change reason and authority for discharge to
        Erroneous Enlistment, AR 635-200, Paragraph 7-15.
( X )   Other (see remarks below).
Remarks: This administrative action includes a change to the separation code to “JFC.”


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: 2000038152 INDEX NUMBERS: A9217
Date of Review: 000330 A0100
Character of Service: EL A9411
Date of Discharge: 890803
Authority: AR 635-200 C7
Reason: A0600
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.      PO      X          X    





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