Applicant Name: ?????

Application Receipt Date: 070823	

Prior Review    Prior Review Date: None

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

Issues: THE REASON IS THAT BEFORE I HAVE A LOT OF PROBLEMS WHEN I APPLY FOR A JOB, BECAUSE I DON'T KNOW WHATS DOES CODE MEANS, I LOST ALREADY A JOB , BECAUSE WHEN I ANSWER SOME QUESTION I DON'T KNOW THE MEANING OF EXAMPLE THE WORD UNCHARACTERIZED, WHEN I LEFT THE ARMY NOBODY TOLD ME WHAT DOES CODE MEANS, OR WHAT KIND THE DISCHARGE I HAD, SOME PEOPLE TOLD ME, THAT IS NOT BAD, BUT NOBODY NEVER TOLD ME THE REAL MEANS. ALSO I WANT TO KNOW WHAT IS IN MY ARMY FILE , BECAUSE ACCORDING O.P.M. , THEY SAID THAT THE ARMY FIRED ME, AND UNTIL I REMEMBER I WAS THE ONE THE I REQUEST TO THE ARMY TO QUIT , BECAUSE MARITAL PROBLEMS, AND BECAUSE I NEVER SEE MY FILE, WHEN I APPLY FOR A JOB WHEN SENSITIVE POSITION, LIKE A FEDERAL CONTRACTS, THATS WHY I ALREADY LOST A JOB , BECAUSE I DON'T KNOW WHAT ANSWER IN SOME QUESTIONS RELATED WITH MY MILITARY JOB.

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: NIF
Discharge Received:     Date: 950203   
Chapter: 11    AR: 635-200
Reason: Entry Level Performance And Conduct
RE:     SPD: JGA
Unit/Location: E Co, United States Army Element, Lackland Air Force Base, TX 78236 

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:  6412  
HOR City, State: San Juan, PR
Current ENL Date: 941027/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 00 Yrs, 03Mos, 07 Days ?????
Total Service:  00 Yrs, 07 Mos, 12 Days ?????
Previous Discharges: USAR-960422-941026/NA
                                          (Concurrent Service)
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: None   GT: 96   EDU: 12 Years   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that 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 demonstrated character and behavior characteristics not compatible with satisfactory continued service, 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 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 during the period of enlistment under review and the issues 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.  Furthermore, the analyst noted the applicant's issue; however, this is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.  In view of the foregoing, the analyst determined that the reason for discharge and 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: 12 August 2008              
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 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: 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: 18 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012022
______________________________________________________________________

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