Applicant Name: ?????
Application Receipt Date: 20071115 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states in affect that she broke her femur in Sep 1999 and could not finish her enlistment with the Army. She further states that she was never informed of the procedures to be discharged medically or what impact the discharge would be on any future career choices. She received a 10% disability rating in Jan 2000 for the condition, a month after she was separated from the military.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 991208
Discharge Received: Date: 991213 Chapter: 11 AR: 635-200
Reason: Entry Level Performance & Conduct RE: SPD: JGA Unit/Location: Co B, 1st Bn 34th Inf, 1st BCT Bde Fort Jackson, SC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 26
Current ENL Date: 990805 Current ENL Term: 4 Years ?????
Current ENL Service: ?? Yrs, 04Mos, 11Days ?????
Total Service: ?? Yrs, 04Mos, 11Days ?????
Previous Discharges: NA
Highest Grade: E1 Performance Ratings Available: Yes No
MOS: None GT: 110 EDU: 13 years Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State:
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 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 to military environment, repeated APFT failure, and for lack of motivation, with an uncharacterized discharge. She was advised of her rights. The applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 8 December 1999, 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 cannot meet the minimum standards for training, have demonstrated that they are not qualified for retention because they cannot 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 applicants records for the period of enlistment under review, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with service 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. Furthermore, the analyst noted the applicant's issue, however the record does not support the applicants contention, and no evidence to support it has been submitted by the applicant, that her discharge was the result of any medical condition. The analyst determined that no such unusual circumstances were present in the applicants record and her service did not warrant an honorable discharge. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 September 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070016528
______________________________________________________________________________
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