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): 020815
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: 3 Years
b. Entry date: 020508
c. Age: 34 Years DOB: 680507
d. Educational level: GED
e. Aptitude area score:
GT: 88 3. Highest grade
achieved:
f. Length of Service: E1
0 Year(s) 3 Month(s) 8 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 12 August 2002, DA, HQ, U.S.
Army Training Center and Fort Jackson, Fort Jackson, South Carolina, Orders
224-1202 discharged the applicant from the Regular Army, effective 13
August 2002. The record contains a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty) which was
authenticated by the applicant. 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 service uncharacterized. The
specific facts and circumstances pertaining to the applicant’s discharge
are not contained in the available records.
b. On 15 August 2002, the applicant was discharged. At the time of
discharge, the applicant had completed 3 months and 8 days of active
military service in the period under review.
c. The applicant submitted a copy of a Fitness Training Company,
120th Adjutant General Battalion (Reception), Fort Jackson, SC, Memorandum
for Record, dated 30 July 2002, indicating that the applicant was assigned
to the Physical Therapy and Rehabilitation Program due to an injury
suffered while participating in her initial fitness assessment. The unit
commander indicated that he believed it was in the best interest of the
Army that the applicant be separated because she was at high risk for
additional injury.
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 040209, 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 13 October
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 noted from the available
evidence of record that the applicant received an uncharacterized
separation while in an entry-level status (ELS) due to an injury sustained
during her initial fitness assessment. 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. An uncharacterized
discharge denotes only that the individual had less than l80 days on active
duty. 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 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. 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: 2004104928 INDEX NUMBERS: A9217
Date of Review: 041013 A9500
Character of Service: EL A0100
Date of Discharge: 020815
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. LTC PROCTOR, ESMERALDA G. Mbr X X
2. Mbr X X
3. Mbr X X
4. Mbr X X
5. PO X X
ARMY | DRB | CY2003 | AR2003091837
His 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 service uncharacterized. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed...
ARMY | DRB | CY2003 | AR2003095647
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. 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 service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms....
ARMY | DRB | CY2003 | AR2003097138
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. 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 service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms....
ARMY | DRB | CY2003 | AR2003092900
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. His 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 service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms....
ARMY | DRB | CY2003 | 2003086818
On 6 September 2002, the applicant was discharged. The Board, being convinced that the reason for the 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 MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President,...
ARMY | DRB | CY2003 | 2003090463
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:SPURGEON A. MOORE 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: 2003090463 INDEX NUMBERS: A0143 Date of Review: 031210...
ARMY | DRB | CY2003 | AR2003097111
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. 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 service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms....
ARMY | DRB | CY2003 | 2003083842
His 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 a characterization of service of uncharacterized. 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:SPURGEON A. MOORE Colonel, U.S....
ARMY | DRB | CY2004 | AR2004000973
The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status. The applicant’s service was uncharacterized because he was in entry-level status, i.e., in an initial probationary period of service. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART...
ARMY | DRB | CY2004 | AR2004106152
The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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 -...