Applicant Name: ?????
Application Receipt Date: 2008/05/07 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 070404 Chapter: 7 AR: 635-200
Reason: Erroneous Entry RE: SPD: JFC Unit/Location: E Co, 187th OD Bn, 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: 34
Current ENL Date: 061018 Current ENL Term: 8 Years Enlistment information extracted from the unit commander's recommendation memorandum.
Current ENL Service: 00 Yrs, 05Mos, 17Days ?????
Total Service: 01 Yrs, 05Mos, 05Days ?????
Previous Discharges: USAR-050208-050321/NA
RA-050322-051130/UNC
USAR-060924-061018/NA
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: None GT: 69 EDU: 11 Years Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Revere, MA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 19 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-15, AR 635-200, by reason of erroneous enlistment for not being administered an oral proficiency interview by MEPS, and based on this assessment he should not have been eligible to enlist in the U.S. Army, 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 submitted 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 of the separation action with a uncharacterized discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of uncharacterized.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, Paragraph 7-15, of that regulation provides, in pertinent part, that a Soldier may be separated on the basis of an erroneous enlistment, induction, or extension of enlistment per guidance in Chapter 1, section II. For the purpose of this chapter, the term enlistment means both an original enlistment and any subsequent enlistments (re-enlistments). Soldiers separated under this chapter may be awarded an honorable discharge, or a general discharge, or a discharge under other than honorable conditions. If in an entry level status the characterization will be uncharacterized.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that the applicant failed to meet the minimum requirements set forth in AR 621-5, specifically he has failed to show adequate academic progress on the English Comprehension Level (ECL) test within the rquired time and was discharged under the provisions of Chapter 7-15, AR 635-200 by reason of erroneous entry. The applicants service was uncharacterized because he was in entry-level status. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. A honorable, or general, under honorable conditions discharge are not authorized under ELS conditions. For Soldiers 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. Additionally, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command. In view of the foregoing, the analyst determined that 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: 25 February 2009 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
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: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080007491
______________________________________________________________________________
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