Applicant Name: ?????
Application Receipt Date: 2008/06/10 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 040716 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: Fort Hamilton Veterinary Section, Fort Hamilton, NJ
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: 18
Current ENL Date: 011002 Current ENL Term: 4 Years ?????
Current ENL Service: 2 Yrs, 09Mos, 15Days ?????
Total Service: 2 Yrs, 09Mos, 15Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 91R10/Veterinary Food Inspection Specialist GT: 98 EDU: HS GRAD Overseas: Korea Combat: None
Decorations/Awards: KDSM, NDSM, ASR, OSR, GWOTSM
V. Post-Discharge Activity
City, State: Jacksonville, FL
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army. The record indicates that Deparment of the Army, Headquarters, U.S. Army Garrison Fort Monmouth, Fort Monmouth, NJ, Orders 191-1, dated 9 July 2004, discharged the applicant from the Army, effective 16 July 2004.
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 applicants available records for the period of enlistment under review, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. On 16 July 2004 Headquarters, U.S. Army Garrison Fort Monmouth, Fort Monmouth, NJ discharged the applicant under the provisions of Chapter 13, AR 635-200 with a general, under honorable conditions discharge. All the facts and circumstances pertaining to the applicants discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. Furthermore, the analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 13, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this Chapter is "Unsatisfactory Performance", and the separation code is "JHJ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, 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. Additionally, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all of the documents from the separation packet. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action for the Boards consideration. 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: 1 April 2009 Location: Washington, D.C.
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080009277
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080014905
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. The documentation provided with his application indicate that on 21 February 2008, the unit commander notified him of initiation of separation action under the provisions of Chapter 13, paragraph 13-2a, AR 635-200, by reason of unsatisfactory performance for reasons...
ARMY | DRB | CY2007 | AR20070013896
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The Applicant in fact states: "I am requesting the change so that I my take a fulltime position with the Army National Guard. The file is void of any separation orders pertaining to the current period of service under review. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts...
ARMY | DRB | CY2006 | AR20060009805
However, records show that on 29 September 2005, the unit commander recommended that the applicant be separated from the United States Army prior to expiration of his term of service under the provisions of Chapter 14, AR 635-200, by reason of misconductabuse of illegal drugs (wrongful use of marijuana on or about 1-31 January 2005 and 29 May 2005), and waiver of further rehabilitative efforts, with a general, under honorable conditions discharge. The intermediate commander reviewed the...
ARMY | DRB | CY2009 | AR20090015338
Applicant Name: ????? By the unsatisfactory performance, the applicant diminished the quality of her service below that meriting a fully honorable characterization of service. 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.
ARMY | DRB | CY2009 | AR20090007709
Applicant Name: ????? 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 13, paragraph 13-2, AR 635-200, by reason of unsatisfactory performance for failing to provide financial support to his spouse, resulting in a Congressional Inquiry; failing to report to his place of duty on several occasions; failing the Army Physical Fitness Test; and failing to make progress while...
ARMY | DRB | CY2009 | AR20090006542
It indicates that the applicant was discharged under the provisions of Paragraph 8-26K, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." It indicates that the applicant was discharged under the provisions of Paragraph 8-26k, NGR 600-200, by reason of unsatisfactory participant, with a characterization of service of general, under honorable conditions, and a...
ARMY | DRB | CY2006 | AR20060009852
Current ENL Service: 01 Yrs, 09Mos, 15Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 29 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...
ARMY | DRB | CY2009 | AR20090014552
By his unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about his deficiencies, which could lead to separation. 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...
ARMY | DRB | CY2009 | AR20090012424
Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.
ARMY | DRB | CY2009 | AR20090006382
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...