Applicant Name:  ?????

Application Receipt Date: 2010/07/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "My name is , I join the Army in  December of 2008 and was discharge in march of 2009 during the time I was in basic training I got news from my wife that the state is trying to take the kids away from me and my ex wife. From what I know someone report it my ex wife to DHS and a investigation was open we don’t know who did this or why. During the time I was in basic. I talk to Jag and my Commanding officer they told me that I will be discharge after basic training under a Uncharacterized; Entry Separation Level and I will be able to go home and take care of the problems. 

Then I will be able to reenlist and come back to the Army. Me and my ex wife have been divorce sense September of 2004 we have joint custody of the kids. And we both take care of our kids we have sit down and talk about the problem that happen and have come up with a solution; I have taken care of the problems and will like to serve my country in the US ARMY. My present wife is Air Force Reserve and she’s station at Tinker AFB and has been in the Air Force for over 5 yrs.

I will like the opportunity to serve my country and fulfill my duty to my country, All the problems with my kids have been taken care off, and the investigation was done and close and all the problems taken care off. Me and my wife have done power of attorney if this problems or any other problem rises again. I have talk with my family and her family too about the problem and what we can do if this problem rises again. All i want is the seperation code chance so i can get back in, i have try but the code that i have JGA wont let me."

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: 090224
Discharge Received: 			   Date: 090304   Chapter: 11       AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: Company C, 1st Battalion, 61st Infantry Regiment, 165th Infantry Brigade, Fort Jackson, SC 

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:  32
Current ENL Date: 081230    Current ENL Term: 3 Years  32 weeks/The applicant required an administrative waiver at the time of enlistment, which was approved on (081106).
Current ENL Service: 	0 Yrs, 2 Mos, 5 Days ?????
Total Service:  		0 Yrs, 2 Mos, 5 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: None

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 24 February 2009, 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 the military environment; claimed to have had medical issues, but was cleared to train by the hospital staff; refused to complete required training and stated to the cadre that "he quit."  The unit commander recommended separation with an uncharacterized discharge.  He was advised of his rights.  
       
       On 24 February 2009, 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 action and recommended approval with an uncharacterized discharge.  
       
       The separation authority waived further rehabilitative efforts and directed the applicant’s separation 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 during the period of enlistment under review and the issue submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for separation.  
       
       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.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct” and the separation code is "JGA" with a reentry eligibility (RE) code of 3.  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the reentry eligibility code entered in block 27, narrative reason for separation, entered in block 28 and the separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       The analyst noted the applicant's issue that he would like the opportunity to serve his country and fulfill his duty to his country; all of the problems with his kids has been taken care off, and the investigation was done and close.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should continue to 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. 
       
       In view of the foregoing, the analyst determined that the narrative reason for discharge and the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 12 July 2010, Copy of the Oklahoma Department of Human Services Notification Regarding Assessment to the applicant dated 14 January 2010, DD Form 214 for the period of serice ending 4 March 2009.

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: No Change
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 AR20100018572
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