Applicant Name: ?????
Application Receipt Date: 2010/12/23 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that her uncharacterized discharge is keeping her from entering the Air Guard and she wishes to continue to serve in the military. She is a 22 year old healthy female and looking to continue her career goals with the military. She is very ambitious and eager to serve and do her part to pursue her goals.
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: 100713
Discharge Received: Date: 100727 Chapter: 11 AR: 635-200
Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: Alpha Battery, 95th AG Battalion (Recveption), 434th Field Artillery Brigade, Fort Sill, OK
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: 21
Current ENL Date: 100614 Current ENL Term: 3 Years ?????
Current ENL Service: 0 Yrs, 1 Mos, 14 Days ?????
Total Service: 0 Yrs, 1 Mos, 14 Days ?????
Previous Discharges: None
Highest Grade: E-1 Performance Ratings Available: Yes No
MOS: None GT: 92 EDU: HS Grad 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 13 July 2010, 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 because she were having difficulties adjusting to the military environment, with an uncharacterized discharge. She was advised of her rights.
On 13 July 2010, the applicant waived her right to consult with 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 Army and waiver of further rehabilitative efforts.
On 19 July 2010, the separation authority waived further rehabilitation and directed the applicants 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 applicants military records, and the issue submitted with the application, the analyst found no mitigating factors which 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 Soldiers service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.
The analyst noted the applicant's issue requesting that her discharge be upgraded to general because her uncharacterized discharge is keeping her from entering the Air Guard and she wishes to continue to serve in the military. A general, under honorable conditions discharge is not authorized under ELS conditions. Further, if the applicant desires to reenlist, she should continue to contact the local recruiter to determine her 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.
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: 10 August 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293 dated 13 December 2010.
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: 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 AR20100030356
______________________________________________________________________________
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