Applicant Name: ?????
Application Receipt Date: 2008/06/04 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the board.
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: 041019 Chapter: 11 AR: 635-200
Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: Company D, 1st Battalion, 61st Infantry, FWD Training Center, Fort Jackson, SC 29207-5000
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: 19
Current ENL Date: 040617 Current ENL Term: 3 Years 20 Weeks
Current ENL Service: 0 Yrs, 4 Mos, 3 Days ?????
Total Service: 0 Yrs, 4 Mos, 3 Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: HS Grad 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 specific facts and circumstances leading to the applicants discharge from the Army are not contained in the available records. However, the 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. His DD Form 214 indicates that he was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with an uncharacterized separation of service. Furthermore, the DD Form 214 shows a Separation Code of JGA (i.e., entry level performance and conduct) with a reentry eligibility (RE) code of 3. Further, the evidence of record shows that on 8 October 2004, DA, HQ, US Army Training Center, Fort Jackson, SC 29207-6430; issued Orders 282-1320, discharging the applicant from the Regular Army, with an effective date of: 19 October 2004.
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 applicants available records for the period of enlistment under review, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That 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. Furthermore, the analyst noted the applicant's request; however, 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 available record and his service did not warrant an honorable characterization of service. In view of the foregoing, the 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: 11 March 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080008837
______________________________________________________________________________
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