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): 010823
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: 4 Years
b. Entry date: 010412
c. Age: 22 Years DOB: 790316
d. Educational level: HS Grad
e. Aptitude area score:
GT: 110 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 4 Month(s) 12 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
NONE
Other discharge(s):
Service From To Type Discharge
PART IV - PREHEARING REVIEW
SECTION A-ANALYSTS ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 20 August 2001, DA, HQ, U.S. Army Training Center and Fort Jackson, South Carolina, Orders 232-1213 discharged the applicant from the Regular Army effective date 23 August 2001. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicants signature. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 11, AR 635-200 by reason of entry-level performance and conduct, with a characterization of service of uncharacterized. The specific facts and circumstances leading to the applicants discharge are not contained in the available records.
b. On 23 August 2001, the applicant was discharged. At the time of discharge, the applicant had completed 4 months, and 12 days of active military service in the period under review.
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 that regulation provides, in pertinent part, that a member may be separated for unsatisfactory performance or conduct, or both, while in an entry-level status. A soldier is in an entry-level status, if before the date of initiation of separation, they have completed no more than 180 days of credible continuous active duty. Service for soldiers separated under this chapter is uncharacterized.
SECTION B-APPLICANTS SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicants DD Form 293.
2. Exhibit(s) submitted:
A-1: DD Form 293, dated 020116, with one (1) enclosure(s).
A-2: Counsel Issues: NONE
B-l: Other Documents: NONE
C-1: DD Form 149, undated.
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 27 February 2002.
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: ( ) Recharacterization ( X ) 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 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 applicants record of service during the period of enlistment under review. The applicants record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicants signature. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with service uncharacterized. Army Regulation 635-200, provides in pertinent part, that 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. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldiers service will be uncharacterized when her separation is initiated while the soldier is in entry-level status. The Board noted the applicants contention and the counseling statement she submitted in support of her contention. However, that counseling statement confirms that the applicants separation was to be initiated under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct due to her inability to provide an adequate family care plan for her dependent child. In view of the evidence of record, and the fact that the applicant authenticated her DD Form 214 with her signature, the Board presumed government regularity in the discharge process. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
b. Equity: The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.
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. RIVERA
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
GERARD W. SCHWARTZ
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
EARNEST C. SMITH, JR.
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: 2002068546 INDEX NUMBERS: A0113
Date of Review: 020227 A9500
Character of Service: EL
Date of Discharge: 010823
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. PO X X
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