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):  940131

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:  8 Years
    b.  Entry date:  930825
    c.  Age:  19 Years   DOB:  731031
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  105                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Years  5 Months  6 Days

                                               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
      ARNGUS     930611      930824     NA
        (Concurrent Service)



                         PART IV - PREHEARING REVIEW

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

      a.  All the specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  Evidence
of record shows that on 22 January 1994, the unit commander counseled the
applicant and informed him of his intent to separate him from military
service under the provisions of Chapter 11, AR 635-200, by reason of
failure to meet Basic Combat Training (BCT) standards.  The specific
reasons for the proposed action were his continued failure of record Army
Physical Fitness Tests (APFT) and his display of lack of motivation.  The
record also contains a properly constituted DD Form 214 (Certificate of
Release or Discharge from Active Duty), which was authenticated by the
applicant’s signature.  His DD Form 214 indicates that he was released from
active duty under the provisions of Chapter 11, AR 635-200 by reason of
entry-level performance and conduct, with service uncharacterized, a
separation code of LGA, and a reentry code of 3.

      b.  On 31 January 1994, the applicant was released from active duty,
discharged from the Reserve of the Army, and transferred to his assigned
unit within the WVARNG.  At the time of release, the applicant had
completed 5 months and 6 days of active military service in the period
under review.

      c.  On 22 June 1994, the State of West Virginia, Adjutant General’s
Department, Charleston, WV, Orders 113-602 discharged the applicant from
the Army National Guard, effective date 31 January 1994.

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 040301, with two (2) enclosures.
      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 27 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 carefully examined the
applicant’s record of service during the period of enlistment under review.
 The applicant’s record does not contain all the specific facts and
circumstances concerning the events that led to his release from active
duty.  However, the record contains sufficient information for the Board to
adjudicate the applicant’s request.  The evidence of record shows that the
applicant’s unit commander counseled the applicant and informed him of his
intent to separate him from military service under the provisions of
Chapter 11, AR 635-200, by reason of failure to meet Basic Combat Training
(BCT) standards.  Further, the applicant’s record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty), which was authenticated by the applicant’s signature.  This document
identifies the reason for separation and the characterization of service
granted and the Board presumed Government regularity in the separation
process. That DD Form 214 indicates that the applicant was released from
active duty 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 applicant’s honorable
characterization of service for a subsequent period of service has no
relevance to the period of service under review.  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. RIVERA
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:  2004105210                    INDEX NUMBERS:  A9217
Date of Review:  041027                                   A9447
Character of Service:  EL                                 A0113
Date of Discharge:  940131
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