Applicant Name:  

Application Receipt Date: 2007/07/31	

Prior Review    Prior Review Date: None	

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

Issues: See enclosed DD Form 293 submitted by the Applicant.

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: 930521
Discharge Received:     Date: 930604   
Chapter: 11-3a      AR: 635-200
Reason: Entry Level Status Performance and Conduct
RE:     SPD:  JGA
Unit/Location: HHC, 3d Tng Bde, FT Leonard Wood, MO 

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
Year/Month:  7202  
HOR City, State: El Paso, TX
Current ENL Date: 930420    Current ENL Term:  6 Years  ?????
Current ENL Service: 00  Yrs,   01  Mos,   15  Days ?????
Total Service:    00   Yrs,   01  Mos,   15  Days ?????
Previous Discharges: None	
Highest Grade:   E1 
Performance Ratings Available: Yes    No 
MOS: None	   GT:   98     EDU:   GED    Overseas: None	   Combat: None	
Decorations/Awards: NDSM

V.  Post-Discharge Activity
Post Service Accomplishments: Applicant states he has completed a Bachelors degree program in developmental psychology and a Masters degree program in child counseling however, he provides no supporting documents. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  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.  He was advised of his rights.  The applicant waived his right to consult 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.  The intermediate commander reviewed the proposed discharge action and recommended approval with an uncharacterized discharge.  On 2 June 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be separated from the Army with an uncharacterized discharge.

      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 pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of the regulation applies to soldiers who can not meet the minimum standards for training, have demonstrated that they are not qualified for retention because they can not adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service.  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, 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.  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 applicant’s record and his service did not warrant an honorable discharge.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  Furthermore, the analyst noted the applicant's issue, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 16 July 2008              
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. 

								        
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: 17 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010685
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