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):  021030

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:
                                           NDSM
    a.  Period entered for:  4 Years               ASR
    b.  Entry date:  020424
    c.  Age:  27 Years   DOB:  741203


    d.  Educational level:  Coll Grad


    e.  Aptitude area score:
          GT:  104                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          0 Year(s)  6 Month(s)  7 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 October 2002, DA, HQ, U.S.
Army Intelligence Center and Fort Huachuca, Fort Huachuca, Arizona, Orders
301-0101 discharged the applicant from the Regular Army, effective 15
September 2000.  The record contains a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty) which was
authenticated by the applicant.  The DD Form 214 indicates that he was
discharged under the provisions of Chapter 11, AR 635-200 by reason of
entry-level performance and conduct, with an uncharacterized discharge.
The specific facts and circumstances pertaining to the applicant’s
discharge are not contained in the available records.

      b.  On 30 October 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 6 months and 7 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 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 040213, with one (1) 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 29
September 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) and (2)  The issues are rejected.  The applicant’s record is
void of the specific facts and circumstances concerning the events that led
to his discharge from the Army.  However, the applicant’s record does
contain a properly constituted DD Form 214 (Certificate of Release or
Discharge from Active Duty) which was authenticated by the applicant’s
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 soldier’s service
will be uncharacterized when his separation is initiated while the soldier
is in entry-level status.  The Board acknowledges that at the time of
discharge the applicant had completed a total of 6 months and 7 days of
active military service.  However, barring evidence to the contrary, the
Board presumed government regularity in the discharge process and
determined that the applicant’s separation was initiated while he was still
in entry-level status.  The Board, being convinced that the reason for
discharge and the characterization of service were both proper and
equitable, voted to deny relief.  The applicant’s request pertaining to
changes on his DD Form 214 does not fall within the purview of this Board.
If the applicant desires to pursue this matter he should address it with
the Army Board for Correction of Military Records using the provided
application.

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

                          
Ms. McKim-Spilker
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:  2004104174                    INDEX NUMBERS:  A9217
Date of Review:  040929                                   A9445
Character of Service:  EL                                 A0143
Date of Discharge:  021030
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