Applicant Name:  ?????

Application Receipt Date: 2009/02/25	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: 040406
Discharge Received: 			   Date: 040423   Chapter: 11      AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: D Co, 3-13th Inf Reg, Ft Jackson, SC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040402, on or about 040330, acted disrespectfully toward a senior NCO by rolling his eyes, acting like he don't care and acting inappropriately toward a NCO; forfeiture of $312 for one month, 14 days restriction and extra duty and reduction to E2 (CG).

040316, on or about 040314, disobeyed orders of a SSG, not to have contraband and be in bed during lights out; restriction and extra duty for 7 days (SUMM)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 040218    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 02Mos, 06Days ?????
Total Service:  		00 Yrs, 02Mos, 06Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Austin, TX
Post Service Accomplishments: The applicant submitted that he is a student in college and a cadet in the Air Force ROTC.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 April 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for failure to adapt to military environment.  He was advised of his rights.  The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit 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 with an uncharacterized discharge.  On 13 April 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be separated from the Army with an uncharacterized discharge.

       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 applicant’s military records, and the issue submitted with the application, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS).  The separation authority approved the applicant's discharge as entry-level status, with the description of service as 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.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  A general discharge is not authorized under ELS conditions.  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 applicant’s record and the former Soldier’s service did not warrant an honorable discharge.  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.  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 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: 13 November 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 applicant’s record of service during the period of enlistment under review and considering the analyst’s 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 AR20090006415
______________________________________________________________________________


Page 1 of 3 pages