Applicant Name: ?????
Application Receipt Date: 20 09/07/17 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states: "When I was discharged, I was told it would be a honorable discharge/Ch 11/Unable to adapt to military life. I was young and had just graduated from high school. I hadn't ever been that far away from home without my parents before. I was so lonesome and homesick, I was seeing things. Only as I got older, I've realized that was a gift. They weren't coming to me to scare me, they were simply coming to me to tell me that everything as gona be okay. I am applying for a job with the Sheriff's Department. Being that my discharge doesn't say honorable, they are thinking maybe I did something wrong to get discharged. I really need the discharge to be honorable. I am a firm believer in "The Truth Shall Set You Free"".
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: 970117
Discharge Received: Date: 970131 Chapter: 11 AR: 635-200
Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: C Co, 1/61st Infantry Regt, 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: 970103 Current ENL Term: 03 Years ?????
Current ENL Service: 00 Yrs, 00Mos, 28Days ?????
Total Service: 00 Yrs, 00Mos, 28Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: None GT: 98 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Lafayette, LA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 17 January 1997, 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 life, adjustment disorder with depressed mood, with an uncharacterized discharge.
She was advised of her rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 an uncharacterized discharge. On 27 January 1997, 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 the applicants military records during the period of enlistment under review and the issues 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 Soldiers 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 applicants record and the former Soldiers service did not warrant an honorable discharge.
Furthermore, the analyst noted the applicant's issue reference applying for a job with the Sheriff's Department, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
Further, the applicant was separated with an uncharacterized discharge. This type of discharge simply means that the Soldier was in an entry-level status, i.e., in an initial probationary period of service. Any individual who has served for less than l80 days at the time her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.
In view of the foregoing, 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: 14 May 2010 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: None
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
Legend:
AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial
BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial
CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge
DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable
FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090012838
______________________________________________________________________________
Page 1 of 3 pages
AF | DRB | CY2006 | AR20060017133
His DD Form 214 indicates that he 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. 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S....
ARMY | DRB | CY2007 | AR20070018927
Facts and Circumstances: The evidence of record shows that on 6 December 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 missing two toes on his right foot, which is not disqualifying for enlistment IAW AR 40-501, paragraph 2-10b, if function of the foot is not impaired. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level...
ARMY | DRB | CY2007 | AR20070012676
I have changed over the years and become much more mature with the decisions that I have made. Facts and Circumstances: The evidence of record shows that on 11 April 1997, 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 his inability to adapt, with an uncharacterized discharge. Board Discussion, Determination, and Recommendation After carefully examining the...
ARMY | DRB | CY2007 | AR20070012022
Facts and Circumstances: The evidence of record shows that 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 demonstrated character and behavior characteristics not compatible with satisfactory continued service, with an uncharacterized discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be separated from the...
ARMY | DRB | CY2008 | AR20080015252
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 30 May 2008, after careful consideration of medical records, laboratory findings, and medical examinations, the Entrance Physical Standards Board (EPSB) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards, he was diagnosed with epilepsy and in the opinion of the evaluating physicians the condition existed prior to service. On 23 June 2008, the...
ARMY | DRB | CY2008 | AR20080013368
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge. The applicants service was uncharacterized because he was in an entry-level status. 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...
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 | DRB | CY2008 | AR20080017567
Application Receipt Date: 2008/11/03 Prior Review: Prior Review Date: NA I. 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 Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2007 | AR20070012361
Facts and Circumstances: The evidence of record shows that on 3 November 1993, 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 immature behavior, inability to effectively relate to others, and her incapacity to adapt to and function in the military, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of...
ARMY | DRB | CY2010 | AR20100030188
Applicant Name: ????? 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 burden of proof remains with the applicant 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.