Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060006372
Original file (AR20060006372.txt) Auto-classification: Denied
Application Receipt Date: 060504	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated, " I would love to reenlist and show my growth as a honorable serviceman.  I have matured since my discharge at the age of 19.  I will be 26 in August 2006.  I want to serve my country as a new and older person.  I realize now I did not fullfill my obligations to my country.  Please consider my sincere request."

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: 000204
Discharge Received:     Date: 000224   
Chapter: 11    AR: 635-200
Reason: Entry Level Performance and Conduct
RE:     SPD: JGA
Unit/Location: Company C, 232nd Medical Battalion, Center Brigade, US Army Medical Department Center and School, (US MEDDC&S) and Fort Sam Houston, Fort Sam Houston, Texas 78234-6100 

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:  800806  
Current ENL Date: OAD/990811    Current ENL Term: 8 Years  ?????
Current ENL Service: 0 Yrs, 6 Mos, 14 Days ?????
Total Service:  0 Yrs, 9 Mos, 3 Days ?????
Previous Discharges: ARNG-990522-990810/NA
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: None   GT: 089   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 4 February 2000, 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 consulted 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: 2 April 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Personal statement, Boy Scout Leader references, Certificate of Ministry Study.




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, hearing his testimony, 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: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 11 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006372

Applicant Name:  Mr.        
______________________________________________________________________


Page 5 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060010460

    Original file (AR20060010460.txt) Auto-classification: Denied

    Paragraph 5-17 provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. 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...

  • ARMY | DRB | CY2008 | AR20080016140

    Original file (AR20080016140.txt) Auto-classification: Denied

    The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with an uncharacterized separation of service. 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. Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation,...

  • ARMY | DRB | CY2008 | AR20080003649

    Original file (AR20080003649.txt) Auto-classification: Denied

    The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with an uncharacterized separation of service. 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. Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J....

  • ARMY | DRB | CY2009 | AR20090003264

    Original file (AR20090003264.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 1 December 1994, 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 for academically failing the 91B10 course and refusing to accept the 57E10 MOS offer due to low test scores, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s...

  • ARMY | DRB | CY2006 | AR20060007021

    Original file (AR20060007021.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 23 February 2000, 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. 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...

  • AF | DRB | CY2006 | AR20060016205

    Original file (AR20060016205.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 26 September 1996, 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 for failure to adapt to military life, refusal to participate in training, and for lack of motivation, with an uncharacterized discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record...

  • ARMY | BCMR | CY2011 | AR20110012675

    Original file (AR20110012675.txt) Auto-classification: Denied

    Applicant Name: ????? 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. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General...

  • ARMY | DRB | CY2008 | AR20080004746

    Original file (AR20080004746.txt) Auto-classification: Denied

    That DD Form 214 indicates that the applicant 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade...

  • ARMY | DRB | CY2007 | AR20070012022

    Original file (AR20070012022.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that 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 for demonstrated character and behavior characteristics not compatible with satisfactory continued service, with an uncharacterized discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be separated from the...

  • ARMY | DRB | CY2009 | AR20090003704

    Original file (AR20090003704.txt) Auto-classification: Denied

    The 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 an uncharacterized separation of service. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s...