Application Receipt Date: 060901	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 941024
Discharge Received:     Date: 941103   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: C Company, 2nd Battalion, 13th Infantry Regiment, 1st BCT Brigade, Fort Jackson, SC 29207-6100 

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:  710701  
Current ENL Date: 940922    Current ENL Term: 4 Years  ?????
Current ENL Service: 00  Yrs, 01 Mos, 12 Days ?????
Total Service:  00  Yrs, 01 Mos, 12 Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: None   GT: 101   EDU: HS Grad   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:
      On 18 October 1994, the applicant was diagnosed by competent medical authority with a 309.00, Adjustment Disorder with Depressed Mood.  The evidence of record shows that on 24 October 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 (she was diagnosed as having an adjustment disorder with depressed mood), with an uncharacterized discharge.  She was advised of her rights.  The applicant's election of rights are not contained in the available record and the analyst presumed Government regularity in the discharge process.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 1 November 1994, 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 for the period of enlistment under review, the issue and documents she submitted, the analyst noted that unit commander initiated action to separate the applicant under the provisions of Chapter 11, AR 635-200, by reason of a entry level performance and conduct, with service uncharacterized.  The  applicant was counseled on several occasions to inform her that she was being recommended for separation action under Chapter 11, AR 635-200.  The applicant was diagnosed by competent medical authority with a 309.00 Adjustment Disorder with Depressed Mood. The separation authority approved the applicant's discharge under the provisions of Chapter 5, paragraph 5-13, AR 635-200, with a characterization 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 general discharge is not authorized under ELS conditions.  In view of the aforementioned, the analyst determined that the narrative reason for separation was inequitable and recommends a change to the narrative reason for separation to ” Entry Level Performance and Conduct"  and that item 25 on the DD Form 214, Separation Authority be changed to "Chapter 11, AR 635-200," with a corrresponding (SPD) code of "JGA."  However, the analyst determined that the characterization of service was both proper and equitable.  
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 September 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 5    No change 0   - 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 narrative reason for discharge was inequitable. Accordingly, the Board voted to change the narrative reason for separation to ” Entry Level Performance and Conduct"  and change item 25 on the DD Form 214, Separation Authority to "Chapter 11, AR 635-200," with the corrresponding (SPD) code of "JGA."  However, the Board determined that the characterization of service was both proper and equitable and voted not to change it.  
















   

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Entry Level Performance And Conduct under provisions of Chapter 11, AR 635-200.
Other: Change Separation Authority to " Chapter 11, AR 635-200," with the corrresponding (SPD) code of "JGA."  
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: 


CHRISTINE U. MARTINSON			DATE: 26 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012262

Applicant Name:  Ms.        
______________________________________________________________________


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