Applicant Name: ?????
Application Receipt Date: 2012/03/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that she requests a change to the narrative reason for separation. She desires to reenlist to serve her country.
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: 110921
Discharge Received: Date: 111012 Chapter: 11 AR: 635-200
Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: A Btry, 95th AG Bn (Recpt), Fort Sill, OK
Time Lost: None
Article 15s (Charges/Dates/Punishment): 110922, willfully disobeying a lawful order from a noncommissioned officer (SFC), to report to formation to ship to basic training (110914); forfeiture of $403, (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 110822 Current ENL Term: 03 Years 19 Weeks
Current ENL Service: 00 Yrs, 01 Mos, 21 Days ?????
Total Service: 00 Yrs, 01 Mos, 21 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: None GT: 89 EDU: Associate's Degree Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 21 September 2011, 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 refusing a lawful order from a drill sergeant to ship to basic training, expressing to her unit commander she no longer desired to remain in the service and she would refuse to ship again if given the opportunity, with an uncharacterized discharge. She was advised of her rights.
On 22 September 2011, the applicant waived 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 28 September 2011, 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 uncharacterized service for separation under this chapter.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period of enlistment under review, the issues and document 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 Soldiers service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. 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 that no such unusual circumstances were present in the applicants record and her service did not warrant an honorable discharge.
Although the applicant did not properly annotate the DD Form 293 requesting a review of her record for a possible upgrade of her discharge; she was given the benefit of this review as instructed in pertinent part (E.3.1.3.2) by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.
The applicant requested a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 11, AR 635-200. 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 "RE 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, separation code, entered in block 26, and RE Code, entered in block 27 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 applicant desires to reenlist for an MOS more appropriate for her future career goals and serve her country. The applicant was appropriately assigned a reentry eligibility (RE) code of 3. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If the applicant desires to reenlist, she should 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: 5 September 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, dated (120326); and a DD Form 214, dated (110822).
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
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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature
Approval Authority:
ARCHIE L. DAVIS III
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 AR20120006526
______________________________________________________________________________
Page 3 of 3 pages
ARMY | DRB | CY2009 | AR20090011152
Facts and Circumstances: The evidence of record shows that on 12 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, paragraph 11-3, AR 635-200, by reason of entry level performance and conduct for failure to pass the Army Physical Fitness Test, with an uncharacterized discharge. Army Regulation 635-200, also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when her...
ARMY | DRB | CY2006 | AR20060012262
The evidence of record shows that on 24 October 1994, 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 (she was diagnosed as having an adjustment disorder with depressed mood), with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records for the period of enlistment under review,...
ARMY | DRB | CY2012 | AR20120021126
The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with an uncharacterized service separation. 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." Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated 9 October 2012; DD Form 214 for service under...
ARMY | DRB | CY2006 | AR20060010477
Her DD Form 214 indicates that she 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. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when her separation is initiated while the Soldier is in entry-level status. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S....
ARMY | DRB | CY2007 | AR20070016111
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on (date not in file), 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 military life, refusal to participate in training, and for lack of motivation, with an uncharacterized discharge. On 16 May 2006, the separation authority waived further rehabilitative efforts...
ARMY | DRB | CY2009 | AR20090019978
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 18 September 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; in that she lacked the motivation to pass the push up event on the final APFT; she had stated orally and in writing that she no longer had the motivation nor the desire to continue training; she refused to be a new...
ARMY | DRB | CY2008 | AR20080002706
Applicant Name: ????? 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. 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...
ARMY | DRB | CY2008 | AR20080003592
Facts and Circumstances: The evidence of record shows that on 23 October 2007, 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 military life, and for not having the ability or physical endurance needed to complete Basic training, with an uncharacterized discharge. The applicant waived her right to consult with legal counsel, was advised of the...
ARMY | DRB | CY2007 | AR20070017264
Facts and Circumstances: The evidence of record shows that on 9 January 2007, 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 military life and failure to complete the APFT requirements with an uncharacterized discharge. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldiers service will be...
ARMY | DRB | CY2010 | AR20100021489
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 24 November 2004, 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 lack of ability, lack of self discipline, lack of motivation, and repeatedly failed the Army Physical Fitness Test, with an uncharacterized discharge. On 24 November 2004, the separation authority waived further...