Application Receipt Date: 051213
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293, with attachments. The applicant has requested a
change of characterization due to an injury which he states occurred at the
time of his discharge.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer:
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 970528
Discharge Received: Date: 970612
Chapter: 11 AR: 635-200
Reason: Entry level Performance and Conduct
RE: SPD: JGA
Unit/Location:
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 780108
Current ENL Date: 970116 Current ENL Term: 3 Years
Current ENL Service: 0 Yrs, 4 Mos, 12Days
Total Service: 1 Yrs, 0 Mos, 12 Days
Previous Discharges: ARNG (980227-980914)/NA
RA (980915-981029)/UNCH
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: None GT: 111 EDU: GED Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 28 May 1997, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 11, AR 635-200, by reason of entry level performance
and conduct, with an uncharacterized discharge. He was advised of his
rights. The applicant waived legal counsel, was advised of the impact of
the discharge action, and did not submit a statement in his own behalf.
The unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts. The separation authority waived
further rehabilitative efforts and directed that the applicant be
discharged with an uncharacterized separation of service.
b. Legal Basis for Separation:
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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant’s military records, and
the issue he submitted, to include his supporting documents, the analyst
found no mitigating factors that would merit an upgrade of the applicant's
discharge. The analyst 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 Analyst determined that
no such unusual circumstances were present in the applicant’s record and
his service did not warrant an honorable discharge. The analyst determined
that the narrative reason for discharge and the characterization of service
were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 8 November 2006
Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon
request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the discharge was
both proper and equitable, and voted not to change it.
Case report reviewed and verified by: Mr. John Zangas, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 13 November 2006
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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