Applicant Name:  ?????

Application Receipt Date: 2009/08/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I was told that in order to return to the army I needed to get a change in status on my final discharge."

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: 070425
Discharge Received: 			   Date: 070524   Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: A Co, 3-330th IN Rgt (Tng), Fort Benning, GA 

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:  19
Current ENL Date: 070309    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 02Mos, 16Days ?????
Total Service:  		00 Yrs, 09Mos, 13Days ?????
Previous Discharges: 	IADT 060802-070227/HD
                                       USAR 060717-070524 (Concurrent Service)
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for violations of the Seven Army Values, disrespecting NCOs, conflicting with others, and for refusing to train, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 25 April 2007, the applicant waived 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with a general under honorable discharge.  
       On 16 May 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not  transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents he submitted, the analyst determined that there was sufficient reason to discharge the former Soldier for entry-level performance and conduct.  However, the evidence of record indicates the wrong Chapter was used.
       
       The analyst noted that the applicant, while in entry-level status, was discharged under the provisions of Chapter 13, AR 635-200 for unsatisfactory performance.  The policy as stipulated in AR 635-200, paragraph 13-1, mandates that a Soldier in entry level status will not be separated for unsatisfactory performance.  Instead, the Soldier will be separated under the provisions of Chapter 11, Entry Level Performance and Conduct, with service uncharacterized.
       
       In view of the foregoing, the analyst recommends to the Board that the applicant’s discharge be changed to “Entry Level Performance and Conduct,” under the provisions of “Chapter 11,AR 635-200” with a characterization of service of “Uncharacterized” and a corresponding separation (SPD) code of “JGA.” This action does not entail a change to the Reentry Code.
       
       Furthermore, the applicant states he would like to return to the Army.  However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If he wants to reenter the Army, he should contact the local recruiter to determine his 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 if appropriate.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 June 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Two DD Forms 214.










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 proper and equitable.  However, the Board noted that he was discharged under the wrong Chapter authority.  Accordingly, the Board voted to grant relief in the form of a change to the characterization of service to "Uncharacterized" and change the narrative reason for separation to “Entry Level Performance and Conduct,” under the provisions of “Chapter 11, AR 635-200," with a corresponding separation (SPD) code of “JGA.”  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Entry Level Performance and Conduct, with a corresponding separation (SPD) code of “JGA”, under the provisions of "Chapter 11, AR 635-200." 
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 AR20090014090
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