Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080003876
Original file (AR20080003876.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/02/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the Applicant.

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: NIF
Discharge Received: 			   Date: 950706   Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: 1/3 FA BN, Ft Hood, TX 

Time Lost: AWOL for 7 days, (940405-940412), mode of return NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 921105    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 07 Mos, 24 Days ?????
Total Service:  		02 Yrs, 11 Mos, 10 Days ?????
Previous Discharges: 	IADT 020109-020504/UNC
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92A/Material Handling Spc   GT: NIF   EDU: HS   Overseas: NIF   Combat: NIF
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  Killeen, TX
Post Service Accomplishments: None provided

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JHJ (i.e., unsatisfactory performance).
       

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records, the issue he submitted and the supporting documentation, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 December 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  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.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003876
______________________________________________________________________________


Page 1 of 2 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080013356

    Original file (AR20080013356.txt) Auto-classification: Denied

    Applicant Name: ????? That DD Form 214 indicates that the applicant was discharged under the provisions of AR 635-200, Chapter 13, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...

  • ARMY | DRB | CY2007 | AR20070011400

    Original file (AR20070011400.txt) Auto-classification: Denied

    Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2010 | AR20100026199

    Original file (AR20100026199.txt) Auto-classification: Denied

    The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of honorable. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for separation on...

  • ARMY | DRB | CY2011 | AR20110003463

    Original file (AR20110003463.txt) Auto-classification: Denied

    The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149 dated 12 February 2011 in lieu of a DD Form 293. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other:...

  • ARMY | DRB | CY2009 | AR20090012493

    Original file (AR20090012493.txt) Auto-classification: Denied

    The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of honorable. The record indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance with an honorable characterization of service. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization...

  • ARMY | DRB | CY2008 | AR20080015940

    Original file (AR20080015940.txt) Auto-classification: Denied

    The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. Further, the DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. Board Action Directed President, Army...

  • ARMY | DRB | CY2011 | AR20110001540

    Original file (AR20110001540.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM...

  • ARMY | DRB | CY2010 | AR20100017576

    Original file (AR20100017576.txt) Auto-classification: Denied

    Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records, the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant’s discharge. However, these accomplishments do not provide the Board a basis upon which to grant relief and the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

  • ARMY | DRB | CY2009 | AR20090006382

    Original file (AR20090006382.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 1 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failure to meet the minimum standards on two consecutive record Army Physical Fitness Test (APFT) (061031) and (070509), the characterization of service is not in the file. The analyst noted that on the applicant's DD Form 214 block 24, "Character of...

  • ARMY | DRB | CY2012 | AR20120003270

    Original file (AR20120003270.txt) Auto-classification: Denied

    Applicant Name: ????? On 15 July 2011, the separation authority waived further rehabilitation and directed that the applicant be discharged with an honorable characterization of service. However, the applicant was separated under the provisions of Chapter 13, AR 635-200 with an honorable discharge.