Applicant Name:  ?????

Application Receipt Date: 2011/08/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the characterization of her discharge is too harsh, the narrative reason is incorrect and the reentry code requires to be changed.  She was brutally treated from the first day she arrived at the company, was mentally abused and physically mistreated as well.  She was assaulted by another Soldier and eventually transferred to another unit but ended up being put in for a discharge and was denied consultation with legal assistance.  

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: 090209
Discharge Received: 			   Date: 090306   Chapter: 11    AR: 635-200
Reason: Entry Level Performance and Conduct	   RE:     SPD: JGA   Unit/Location: B Co, 3-10 IN Rgt (Tng), Fort Leonard Wood, MO 

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:  36
Current ENL Date: 081016    Current ENL Term: 5 Years  25 weeks
Current ENL Service: 	00 Yrs, 04 Mos, 24 Days Includes 3 days of excess leave (081231-090102)
Total Service:  		00 Yrs, 04 Mos, 24 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: None   GT: 105   EDU: College Graduate   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Arlington, VA
Post Service Accomplishments: Works at Georgetown University as a temporary employee, also works at John Hopkins hospital and the National Institute of health as an interpreter.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 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 failing to adapt to military life, lack of motivation, and demonstrated unwillingness to follow and live by the Army values, with an uncharacterized discharge.  She was advised of her rights.  
       
       On 12 February 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her 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 5 March 2009, 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 cannot meet the minimum standards for training, have demonstrated that they are not qualified for retention because they cannot 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 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 and 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.  
       
       Further, 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.  
       
       The applicant contends that she was physically and mentally abused; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support the issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that she was abused.   In fact, the applicant’s numerous negative counseling statements justify her discharge because she failed to adapt to Army life and became a disruption to the unit.  The applicant’s statements alone do not overcome the government’s presumption of regularity and she has not provided any credible documentation or further evidence in support of her request for an upgrade of the discharge.   
       
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to her separation.  The analyst noted the command attempted to assist the applicant by providing a rehabilitative transfer to another unit and ultimately made an assessment of the applicant's potential for becoming a fully satisfactory Soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.
       
       The applicant contends that the narrative reason for her discharge should be changed.  However, the applicant was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct,” the separation code is "JGA," and the reentry code is "3."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and 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.  
       
       Therefore, the analyst determined the reason for discharge and the characterization of service to include the reentry code, were all proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: American Legion, Attention:  Ms. Queen W. Baker, 1608 K Street, Washington, DC 20006-2847

Witnesses/Observers: None 

Exhibits Submitted: A self-authored statement, military records, counseling statements, enlistment contract, discharge packet and DD Form 214.




























VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her tetimony 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
















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 AR20110016497
______________________________________________________________________________


Page 1 of 4 pages