Application Receipt Date: 2006/10/16
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant states that he became sick and was not allowed to finish basic training and that he would like a fresh start.
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: 991108
Discharge Received: Date: 991118
Chapter: 11 AR: 635-200
Reason: Entry Level Performance and Conduct
RE: SPD: JGA
Unit/Location: B Company, 1-19 IN, Fort Benning, GA
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: 740808
Current ENL Date: 990708/OADT Current ENL Term: NIF Years
Current ENL Service: 00 Yrs, 04Mos, 11Days
Total Service: 00 Yrs, 06Mos, 19Days
Previous Discharges: ARNG, 990430-991118/UNC (concurrent service)
Highest Grade: E-1
Performance Ratings Available: Yes No
MOS: None GT: 94 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record: Fair Bluff, NC
Current Address: 343 Campground Road
Whiteville NC 28472
United States
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 8 November 1999, the unit commander notified the applicant of initiation of involuntary separation action under the provisions of Chapter 11, AR 635-200, by reason of Entry Level Performance and Conduct-for failure to adapt, inability to train, and for excessive missed training sessions with an uncharacterized discharge. On 8 November 1999, the applicant unconditionally waived his rights and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. On 10 November 1999, 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 that regulation provides, in pertinent part, that a member may be separated for unsatisfactory performance or conduct, or both, while in an entry level status. A soldier is in an entry level status, if before the date of initiation of separation, they have completed no more than 180 days of credible continuous active duty. Service for soldiers separated under this chapter is uncharacterized.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant's military records, and the issue he 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 soldier's service will be uncharacterized when his separation is initiated while the soldier is in entry level status. A general discharge is not authorized under ELS conditions. Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 5 December 2007
Location: Washington, D.C.
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 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 to deny relief.
Case report reviewed and verified by: Alejandro Champin, 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:
CHRISTINE U. MARTINSON DATE: 7 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014794
Applicant Name: Mr.
______________________________________________________________________
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