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): 030829
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: 6 Years
b. Entry date: 030505
c. Age: 26 Years DOB: 761220
d. Educational level: HS Grad
e. Aptitude area score:
GT: 102 3. Highest grade
achieved:
f. Length of Service: E4
0 Years 2 Months 27 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
USAR 950121 950806 NA
ADT 950807 951120 Uncharacterized
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records. The
record contains a properly constituted DD Form 214 (Certificate of Release
or Discharge from Active Duty), which was authenticated by the applicant’s
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 service uncharacterized.
b. On 29 August 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 2 months and 27 days of active
military service in the period under review and had a total of 1 year, 1
month, and 25 days of total military service.
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 040320, with six (6) 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 23 November
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 ( 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 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 Board carefully examined
the applicant’s record of service during the period of enlistment under
review. The applicant’s record is void of the specific facts and
circumstances concerning the events that led to her 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, while in entry-level status, 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. 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
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: 2004106419 INDEX NUMBERS: A0143
Date of Review: 041123 A0113
Character of Service: EL A9405
Date of Discharge: 951120
Authority: AR 635-200 C5
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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