Applicant Name:  ?????

Application Receipt Date: 2010/11/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "For the purpose of reenlistment in RA, justified by falseness of record in that it reads as though applicant was thrown out/rejected when applicant in fact actively seeked out discharge.  Applicant's reentry code is 3, applicant desires a reentry code of 1; for purpose of reenlistment.  Justified by the fact that applicant was told his MOS was changed, when applicant threatened to go to JAG applicant was ejaculated on by member of his own platoon, and after reporting the incident was told that the act had been ordered and that applicant's MOS would be changed and clearance denied due to the fact that applicant had reported the incident.  Sgt [redacted] of A Co 260th 3rd platoon Bushmasters ordered Pvt. K. of 3rd platoon to sexually assault me in my sleep, and upon reporting the assault within 24 hours D. Sgt [redacted] informed me that the assault had been ordered and since I reported the incident my clearance would be denied and my MOS changed.  That's why I left, and I wasn't thrown out/rejected.  I seeked the discharge and did what was necessary to obtain it.  Please change my reentry code from 3 to 1 so I can reenlist in Active Army."

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: 070831
Discharge Received: 			   Date: 070912   Chapter: 11       AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: A Co, 2/60th Inf 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.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070703    Current ENL Term: 06 Years  ?????
Current ENL Service: 	00 Yrs, 02 Mos, 10 Days ?????
Total Service:  		00 Yrs, 02 Mos, 10 Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: None   GT: 119   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Parchment, MI
Post Service Accomplishments: None Listed




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, paragraph 11-3a(3)b, AR 635-200, by reason of entry level performance and conduct for having decided that he was going to try anything to get out of being in the military including misconduct and lacking the maturity and dedication to become a US Army Soldier, with an uncharacterized discharge.  He was advised of his rights.  
       
       On 31 August 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 action and recommended approval with an uncharacterized discharge.  
       
       On 6 September 2007, the separation authority waived further rehabilitation 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, the issues, and documents 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 Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  
       
       A general, under honorable conditions 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 no such unusual circumstances were present in the applicant’s record and the former Soldier’s service did not warrant an honorable discharge.  
       
       The applicant contends that he was sexually assaulted in his sleep by other members of his platoon which was directed by his Drill Sergeant and when he reported the incident his MOS was withdrawn along with his clearance.  The analyst noted the applicant contentions, however, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Furthermore, there is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unjustly separated.  
       
       
       The analyst noted the applicant's issue that he wants a change to his RE Code for the purpose of reenlistment.  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.  
       
       In view of the foregoing, the analyst determined the reason for discharge and the characterization of service, to include the RE code 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: 29 June 2011         Location: A Co, 2/60th Inf, Fort Jackson, SC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293. 

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 reason for 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 AR20100026749
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