Applicant Name:  ?????

Application Receipt Date: 2009/04/21	Prior Review:     Prior Review Date: 2009/02/06 Records Review 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: 	NIF   Date: NIF
Discharge Received: 			   Date: 990218   Chapter: 11       AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: C Btry, 1-40th FA Bn, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 981124    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 02Mos, 26Days ?????
Total Service:  		00 Yrs, 02Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 103   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Sweetwater, TN 
Post Service Accomplishments: The applicant enlisted in the Army National Guard State of Tennessee (050616) for 8 years.  Subsequently ordered to active duty for training and duty in Kuwait/Iraq (070831-080522).  He earned numerous awards and decorations and received two honorable discharges while in the ARNG, and attained the grade of SPC/E-4.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s 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. 
       
        On 16 February 1999, DA,  US Army Field Artillery School and Fort Sill, Fort Sill, OK, Orders 047-0126, discharged the applicant from the Regular Army, effective date:  18 February 1999.

       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 available records for the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. 
       
        However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  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.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is 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 applicant’s record and his service did not warrant an honorable discharge. 
       
       In reviewing the applicant’s available service record, the analyst found that his subsequent service in the Army National Guard did not overcome the reason for discharge and characterization of service granted.
       
       Eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  
       
       Concerning the issue relating to the applicant not being paid his enlistment bonus; however, this issue does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.
       
       The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  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 Board’s consideration. 
       
       Therefore, the analyst determined that the reason for discharge and 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: 19 April 2010         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: Yes 

Exhibits Submitted: The applicant submitted a House of Repesentatives Letter, dated (090414); Privacy Release Form, dated (090330); and DD Form 214, dated (990218).  He submitted the additional documents:  Enlistment Contract Documents, Twenty One (21) pages; Congressional Release Form, dated (090217); Waiver Request, dated (050419); Reservation For Training: Discharge Order, dated (990216); ARBA Support Division Letter, dated (080304); Selt-Authored Statement, dated (080310); DD Form 293, dated (080309); ADRB Letter, dated (090602)/with OSA 172; Letter, President ADRB, dated (090206); Driver's License; Social Security Card; Report of Medical Examination Two (2) pages; Questionnaire For National Security Positions, Ten (10) pages; Authorization For Release Of Medical Information, dated (981005); State Fitness For  Duty Evaluation, dated (081018); and DA Form 3349 (Physical Profile), date (081017).      

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090009604
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