Applicant Name: ?????
Application Receipt Date: 080924 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting documentation 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: 071108
Discharge Received: Date: 071121 Chapter: 7, Sec III AR: 635-200
Reason: Defective Enlistment Agreement RE: SPD: KDS Unit/Location: HQ, 3d Bn (OCS), 11th Inf Regiment, Ft. Benning, GA
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: 32
Current ENL Date: 070626 Current ENL Term: 03 Years ?????
Current ENL Service: 00 Yrs, 04 Mos, 26 Days ?????
Total Service: 00 Yrs, 04 Mos, 26 Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 09S10 Comm Off Candidate GT: 130 EDU: Masters Degree Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Pittsburgh, PA
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that the Applicant enlisted in the Army as a Specialist/E4 to attend Officer Candidate School. On 3 October 2007, the unit commander notified the Applicant of disenrollment from officer candidate training due to medical reasons, through no fault of her own, which would prevent her from completion of the course. On 31 October 2007, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-16e, AR 635-200, by reason of inability of the U.S. Army to fulfill the former Soldiers enlistment agreement. On 5 November 2007, the Applicant requested to be separated under Chapter 7-16, Unfulfilled Service Agreement. On 6 November 2007, counsel reviewed the chapter action and determined it to be legally sufficient. The unit commander subsequently recommended separation from the service under the provisions of AR 635-200, Chapter 7, Paragraph 7-16e, for Defective or Unfulfilled Enlistment Agreement. On 9 November 2007, the separation authority directed that the Applicant be discharged with an uncharacterized characterization of service.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, Paragraph 7-16b, of that regulation provides, in pertinent part, that an unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment for which the Soldier is qualified but which cannot be fulfilled by the Army through no fault of the Soldier. Soldiers separated under this chapter may be awarded an honorable discharge unless an entry level status separation is required under chapter 3, section II.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the Applicants military records, and the issue she submitted, to include her supporting documents, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge. The Applicants service was uncharacterized because she 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 her separation is initiated while the Soldier is in entry level status. An honorable, or general, under honorable conditions discharge is not authorized under ELS conditions. Furthermore, 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 her service did not warrant an honorable discharge. Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command. 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 recommends to the Board that the reason for discharge and the characterization of service are both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 15 July 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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080015027
______________________________________________________________________________
Page 1 of 2 pages
ARMY | BCMR | CY2011 | AR20110004612
Applicant Name: ????? Soldiers separated under this Chapter may be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II. 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 | BCMR | CY2011 | AR20110024108
Soldiers separated under this Chapter may be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II. The analyst also noted the applicant's issue about his desire to receive veteran's benefits. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court...
ARMY | BCMR | CY2011 | AR20110022869
I received certificates of appreciation for my volunteering for duties, and it is because of this and my 170+ days of excellent service that I request my separation be changed from uncharacterized to honorable." Soldiers separated under this Chapter may be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the...
ARMY | BCMR | CY2011 | AR20110022350
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I believe very strongly that my military discharge should be upgraded from Uncharacterized° to Honorable for the following three reasons. Soldiers separated under this Chapter may be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.
ARMY | BCMR | CY2011 | AR20110017161
Applicant Name: ????? Since I met and even exceeded all of the requirements and standards set by my contract and the OCS SOP I should not receive an uncharacterized discharge, but rather an honorable discharge. Soldiers separated under this Chapter may be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II.
ARMY | DRB | CY2010 | AR20100025933
Applicant Name: ????? On 22 September 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of fully honorable. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM...
ARMY | DRB | CY2008 | AR20080005977
Soldiers separated under this chapter may be awarded an honorable discharge unless an entry level status separation is required under chapter 3, section II. The analyst determined that no such unusual circumstances were present in the applicants record and her service did not warrant an honorable discharge. 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...
ARMY | DRB | CY2008 | AR20080003443
Facts and Circumstances: The evidence of record shows that on 15 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-16, AR 635-200, by reason of defective enlistment, inability of the U.S. Army to fulfill the former soldiers enlistment agreement, with a general under honorable conditions discharge. Soldiers separated under this chapter will be awarded an honorable discharge unless an entry level status...
ARMY | DRB | CY2008 | AR20080012924
Applicant Name: ????? The applicants service was uncharacterized because he was in entry-level status. 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 AR20080012924 ______________________________________________________________________________ Page 1 of 3 pages
ARMY | BCMR | CY2011 | 20110011508
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was discharged due to a physical disability. The DD Form 785 (Record of Disenrollment from Officer Candidate-Type Training) indicates that she could request reinstatement to OCS once the medical disqualification had been removed.