Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060014794
Original file (AR20060014794.txt) Auto-classification: Denied
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.        
______________________________________________________________________

Page 1 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060014942

    Original file (AR20060014942.txt) Auto-classification: Denied

    Application Receipt Date: 061019 Prior Review Prior Review Date: None I. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. 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...

  • AF | DRB | CY2006 | AR20060015829

    Original file (AR20060015829.txt) Auto-classification: Denied

    The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status. Army Regulation 635-200 states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. Board Discussion, Determination, and Recommendation After carefully examining the applicant's...

  • ARMY | DRB | CY2007 | AR20070010685

    Original file (AR20070010685.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 21 May 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 failure to adapt to military life, refusal to participate in training, and for lack of motivation, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military...

  • ARMY | DRB | CY2006 | AR20060010072

    Original file (AR20060010072.txt) Auto-classification: Denied

    Original Character of Discharge Unit CDR Recommended Discharge: Date: 961011 Discharge Received: Date: 961023 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct. 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. ...

  • ARMY | DRB | CY2007 | AR20070011071

    Original file (AR20070011071.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 6 December 1999, 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 socially and emotionally to military life, with an uncharacterized discharge. 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 | DRB | CY2007 | AR20070013569

    Original file (AR20070013569.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 21 March 2001, 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 meet the minimum Army’s Physical Fitness Standards (APFT) required to complete basic training due to lack of motivation and low aptitude, with an uncharacterized discharge. On 21 March 2001, the separation authority waived...

  • AF | DRB | CY2006 | AR20060016221

    Original file (AR20060016221.txt) Auto-classification: Denied

    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). 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. ...

  • ARMY | DRB | CY2006 | AR20060010080

    Original file (AR20060010080.txt) Auto-classification: Denied

    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. 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...

  • ARMY | DRB | CY2006 | AR20060009819

    Original file (AR20060009819.txt) Auto-classification: Denied

    Current ENL Service: 00 Yrs, 06 Mos, 08 Days Item 12c on the DD Form 214, net active service this period is incorrect, should read, 00 yrs, 06 mos, 08 days. On 2 January 2006, the separation authority directed that the applicant be discharged with a characterization of service of uncharacterized. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 29 June 2007 Lieutenant Colonel, U.S....

  • ARMY | DRB | CY2007 | AR20070009663

    Original file (AR20070009663.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 22 May 2007, 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, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review documents, and the issues...