Applicant Name:  ?????

Application Receipt Date: 2009/10/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is hoping for a change in his discharge from uncharacterized to a general, under honorable conditions, or a change of his reentry code. The reason he is requesting this action to be considered, is so that he may rejoin the Army, so he can estore honor to his name and his family. He can honestly say that he regrets his actions during his training process. He had a clouded mind and his family was falling apart, in his mind at the time, all he wanted was to save his marriage. He is now divorced and have no such things to cloud his thinking; therefore, he can devote his mind, body, and heart to being an impecable Soldier. He was told by several Sergeants that he would be a great military Soldier, and would strive to be the best he can be. In short, he really would love the chance to correct his mistakes.

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: 070402
Discharge Received: 			   Date: 070417   Chapter: 11       AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: Company F, 2nd Battalion, 19th Infantry Regiment, Infantry Training Brigade, Fort Benning, GA 

Time Lost: AWOL for a total of 27 days from (070123-070219). This period of AWOL is not reflect on the applicant's DD Form 214, block 29. 

Article 15s (Charges/Dates/Punishment): 070228, AWOL from on or about (070122-070219); forfeiture of $280.00 pay; restriction and extra duty for 14 days, suspended, to be automatically remitted if not vacated before (070313), (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 070104    Current ENL Term: 3 Years  19 Weeks
Current ENL Service: 	0 Yrs, 2 Mos, 17 Days The date entered active duty this period on the DD Form 214, block 12a is incorrect, the date of enlistment should be: (070104).  See enlistment contract. Also, the net active service this period block 12c is incorrect; should be as annotated above.
Total Service:  		0 Yrs, 2 Mos, 17 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11-3, AR 635-200, by reason of entry level performance and conduct for AWOL from (070123-070219), which he received a Company Grade Article 15, between (070113-070322) he violated a written order (possession of tobacco products and a cell phone, visited off limits areas, use of a taxi), disrespect to a noncommissioned officer, and disrespect to an officer, his lack of discipline, military bearing, and motivation and failure to adapt to the military environment, with an uncharacterized discharge.  He was advised of his rights.  On 2 April 2007, 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with an uncharacterized discharge.  On 3 April 2007, 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 an uncharacterized discharge 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 found no mitigating factors that would merit an upgrade of the applicant's discharge.   
       
       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.  
       
       The analyst noted the applicant's request for a general, under honorable conditions discharge. However, a general, under honorable conditions discharge is not authorized under ELS conditions.  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 if appropriate.  
       
       Therefore, the analyst determined that 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 August 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None submitted by the applicant.

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: NoChange
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change















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 AR20090018417
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