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): 890905
3. Authority for separation:
a. Regulation: Chapter 11, AR 635-200
b. Reason: Entry Level Status
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: 890503
c. Age: 22 Years DOB: 660716
d. Educational level: GED
e. Aptitude area score:
GT: 103 3. Highest grade
achieved:
f. Length of Service: E1
0 Years 4 Months 3 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
NONE
Other discharge(s):
Service From To Type Discharge
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. The evidence of record shows that on 24 August 1989, the unit
commander notified the applicant of initiation of separation action under
the provisions of AR 635-200, Chapter 11, entry-level performance and
conduct with an uncharacterized discharge. The reasons for the proposed
action were the applicant’s lack of motivation and self-discipline, and
unwillingness to adapt to the military environment. She was advised of her
rights. On 24 August 1989, the applicant consulted with legal counsel, was
advised of the impact of the discharge action, and did not submit a
statement on her own behalf. On 25 August 1989, the unit commander
recommended separation from the service and waiver of further
rehabilitative efforts. On 25 August 1989, the separation authority waived
further rehabilitative efforts, and directed that the applicant be
discharged with service uncharacterized.
b. On 5 September 1989, the applicant was discharged. At the time
of discharge, the applicant had completed 4 months and 3 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 040415, with multiple 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 8 December
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) The issue is rejected. 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. 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 fact that the Veterans Administration, in its discretion, has awarded
the applicant a disability rating is a prerogative exercised within the
policies of that agency. It does not, in itself, establish physical
unfitness for the Department of the Army. 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: 2004106855 INDEX NUMBERS: A0113
Date of Review: 041208 A9217
Character of Service: EL A9321
Date of Discharge: 890905
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
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