Applicant Name:  ?????

Application Receipt Date: 2009/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents 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: 080829
Discharge Received: 			   Date: 080917   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 43d AG Bn, (Reception) 3d Chemical Bde, USACBRN School, Ft. Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment):  None in file, the file does contain a memorandum dated 29 August 2008 signed by the company commander to the battalion commander stating Soldier received an CO Article 15 dated 080820 with reduction to E2, forfeiture of $371 of pay for two months and 7 days extra duty. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 080806    Current ENL Term: 8 Years  ?????
Current ENL Service: 	00 Yrs, 01Mos, 12Days ?????
Total Service:  		00 Yrs, 01Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: 2yr college   Overseas: None    Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Arlington, TX
Post Service Accomplishments: The applicant states that he is attending the University of Texas and expects to graduate in December 2010.  No supporting documentation was provided..

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 29 August 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct—for receiving an Article 15 for simple assault against an NCO and disrespect and deportment, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant consulted 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 of the separation action with a general under honorable conditions discharge.  In September 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
       
       Applicant had a moral waiver approved for enlistment dated 080723.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the applicant’s military records, the analyst determined that the characterization is improper.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  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, under honorable conditions 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.   Furthermore, 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.   The analyst recommends to the board that the discharge be changed to an uncharacterized discharge.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 100108         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA












VIII.  Board Discussion, Determination, and Recommendation
After a careful review of the applicant’s military records, the board determined that the characterization is improper.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  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, under honorable conditions 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 board 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.   The board voted to change the characterization of service to an uncharacterized discharge.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20090006984
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