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): 040204
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: 5 Years
b. Entry date: 031121
c. Age: 21 Years DOB: 820718
d. Educational level: HS Grad
e. Aptitude area score:
GT: 86 3. Highest grade
achieved:
f. Length of Service: E2
0 Year(s) 2 Month(s) 14 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-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 28 January 2004, 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
performance and conduct, with an uncharacterized discharge. He was advised
of his rights. The applicant waived legal counsel, was advised of the
impact of the discharge action, and did not submit a statement in his own
behalf. The unit commander subsequently recommended separation from the
service and waiver of further rehabilitative efforts. On 00 January 2004,
the separation authority waived further rehabilitative efforts and directed
that the applicant be discharged with an uncharacterized separation of
service.
b. On 4 February 2004, the applicant was discharged. At the time of
discharge, the applicant had completed 2 months, and 14 days of active
military service.
2. Legal/Regulatory Basis for Separation Action: 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 040712.
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 16 February
2004.
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 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. 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 ELS. The Board was
satisfied that all requirements of law and regulation were met and the
rights of the applicant were fully protected throughout the separation
process. 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, being convinced
that the reason for discharge and the characterization of service were both
proper and equitable, voted to deny relief.
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
1901 South Bell Street, 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. RON WILLIAMS
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
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: 20040003972 INDEX NUMBERS: A0113
Date of Review: 050216 A9217
Character of Service: EL
Date of Discharge: 040204
Authority: AR 635-200
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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