Application Receipt Date: 060718
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293.
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: 040602
Discharge Received: Date: 040618
Chapter: 11 AR: 635-200
Reason: Entry Level Performance and Conduct
RE: SPD: JGA
Unit/Location: Company A, 2d Battalion, 13th Infantry Regiment, 1st Basic Combat Training Brigade, Fort Jackson, SC 29207
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 770105
Current ENL Date: 040330 Current ENL Term: 04 Years ?????
Current ENL Service: 00 Yrs, 02Mos, 19Days ?????
Total Service: 00 Yrs, 02Mos, 19Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: None GT: 91 EDU: 2 yrs Coll Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 2 June 2004, 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 (failure to adapt), with an uncharacterized discharge. She was advised of her rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 4 June 2004, 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 applicants military records, and the issue she submitted, 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. 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 Soldiers service will be uncharacterized when her separation is initiated while the Soldier is in entry level status. A fully honorable discharge is not authorized under ELS conditions. 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 applicants record and her service did not warrant an honorable discharge. Therefore, the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 July 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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 0 No change 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010080
Applicant Name: Ms.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2009 | AR20090006312
Facts and Circumstances: The evidence of record shows that on 14 January 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 for failure to adapt to the military motivationally with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and the issue submitted with the...
ARMY | DRB | CY2008 | AR20080014720
Facts and Circumstances: The evidence of record shows that on 30 September 1993, 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 status performance and conduct for failure to adapt to military life and for being unmotivated and unwilling to adjust to authority and the rigors of basic training, with an uncharacterized discharge. Board Discussion, Determination, and Recommendation After...
ARMY | DRB | CY2008 | AR20080013730
Facts and Circumstances: The evidence of record shows that on 23 August 1993, 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 his inability to adapt to adapt to the military, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under...
ARMY | DRB | CY2008 | AR20080014592
Chapter 11, of this regulation, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review and issues she submitted with the application, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an...
ARMY | DRB | CY2010 | AR20100021713
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 25 November 2009, 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 obey the rules and regulations set forth by the unit and the Army and for failing to meet the minimum standard prescribed for successful completion of training because...
ARMY | DRB | CY2010 | AR20100001012
Applicant Name: ????? 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 failure to adapt or will not adapt socially or emotionally to military life, with an uncharacterized discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...
ARMY | DRB | CY2008 | AR20080015271
Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review, the issues and document he submitted, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to:...
ARMY | DRB | CY2009 | AR20090015994
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 9 January 2004, 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 lack of motivation and failure to adapt to the military environment, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicants military records...
ARMY | DRB | CY2009 | AR20090006415
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 6 April 2004, 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 environment. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade...
ARMY | DRB | CY2008 | AR20080013529
The DD Form 214 indicates that he 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. The analyst determined that no such unusual circumstances were present in the available record and the applicant's service did not warrant an honorable discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No...