Application Receipt Date: 070518
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's DD Form 293 and attached document.
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: 930203
Discharge Received: Date: 930219
Chapter: 11 AR: 635-200
Reason: Entry Level Status
RE: SPD: JGA
Unit/Location:
Time Lost: None
Article 15s (Charges/Dates/Punishment): 930120-Without authority, absented himself from his unit on or about (930103 until 930105), (Company Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 710329
Current ENL Date: 920813 Current ENL Term: 6 Years
Current ENL Service: 00 Yrs, 06 Mos, 07 Days
Total Service: 00 Yrs, 06 Mos, 07 Days
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: None GT: 88 EDU: College Transcript Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Home of Record: Baltimore, MD 21229
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 28 January 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 (he cannot or will not to adapt military life, he cannot meet the minimum standards prescribed for successful completion of training because of lack of ability, motivation, and self discipline. He was given ample opportunity to improve, with no satisfactory results. This will significantly effect his ability to function efectively in the military), with an uncharacterized discharge. He was advised of his rights. The applicant consulted with 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. On 9 February 1993, 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 during the period of enlistment under review, the issues and documents 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. 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 his service did not warrant an honorable discharge. Therefore, the analyst determined that the 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: 5 November 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel:
Witnesses/Observers: No
Exhibits Submitted: The applicant submitted one additional document in support of his personal appearance hearing.
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, hearing his testimony, 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: Mr. Kennneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
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: 13 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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