Applicant Name: ?????
Application Receipt Date: 2008/06/30 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant states in effect: I believe that my discharge should be changed, because when I joined the ARMY I planned on serving my country and fulfilling my entire contract. When I arrived at Fort Jackson, and right before basic training was about to start I received word that my grandfather had had passed away. He had been more of a father to me my whole life, then my father had, because my dad had lived more then 1000 miles away for most of my life. A short time before I entered into Active Duty my grandmother had immediate open heart surgery, and she was never going to be 100% after, and I was aware of this and wanted to spend as much time as I could with her. About a year after my seperation from the ARMY, my grandmother passed away. Right at the time of my entrance into Fort Jackson my girlfriend/fiancee/bestfriend of four years had broken up and that was not a good time for that to be happening. I was only allowed to go home for the funeral of my grandfather, and at the time all I wanted to do was spend a few weeks with my family and friends. If I was allowed the time to spend the time with my family and friends and give my self time to adjust to the new distressing things in my life and be able to return to the ARMY and readjust to the ARMY life then I believe I would have fulfilled my entire contract without a problem. Ever since I have been discharged from the ARMY I have been able to live with the things that have happened during my ARMY experience and have dealt very well with them and I am now working for the United States Postal Service." He provides six supporting documents for the Board's consideration.
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: Not In File
Discharge Received: Date: 030829 Chapter: 11 AR: 635-200
Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: B Co, 120th AG 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: 18
Current ENL Date: 030723 Current ENL Term: 2 Years ?????
Current ENL Service: 00 Yrs, 01Mos, 07Days ?????
Total Service: 00 Yrs, 01Mos, 07Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: None GT: 105 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Columbia, MO
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 applicants signature. The 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 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.
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, and the issue and documents submitted with the application, 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 the 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. 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. The applicant provided documentation indicates that he was discharged due to a diagnosis of Axis I: Adjustment Disorder, NOS. 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.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 3 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080010755
______________________________________________________________________________
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