Applicant Name:  ?????

Application Receipt Date: 2012/04/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My discharge was inequitable because it was based on a matter that was out of my control.  I attempted to resolve the incident to the best of my abilities and utilized the resources available to no resolution.  I had no other incidences during training otherwise.  I was given the choice of my family or the Army and I chose my family."

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: 120405
Discharge Received: 			   Date: 120405   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: E Co, 30th AG Bn, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 111108    Current ENL Term: 05 Years  ?????
Current ENL Service: 	00 Yrs, 04  Mos, 28  Days ?????
Total Service:  		09 Yrs, 06 Mos, 13  Days ?????
Previous Discharges: 	USAFR-020923-030609/NA
                                       USAF-030610-090609/HD
                                       USAFR-090610-090625/NA
                                       USAF-ANGUS-090626-111108/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: Air Force Achievement Medal -2, USAF GCMDL-2, NDSM, GWOTEM, GWOTSM, Longevity Service Award Ribbon, USAF OSR (Short Tour), USAF NCO Professional Military Education Graduate Ribbon.












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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the availble records.  However, contained in the documents submitted by the applicant his evidence shows that on     20 March 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, by reason of unsatisfactory performance for refusing to train due to family problems with his wife, disobeying orders, not training, and after having over 180 days the unit determined the applicant could not adapt to the military, and recommended him for discharge with a characterization of service of honorable.  He was advised of his rights.
       
       Further, the applicant submitted a document from the intermediate commander, dated 20 March 2012, recommending approval with a characterization of honorable.
       
       The applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 shows the applicant was discharged under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance with service uncharacterized.  
       
       Additional evidence shows that on 5 April 2012, DA HQS, United States Army Maneuver Center of Excellence, Fort Benning, GA, Orders 095-2203, discharged the applicant from the Regular Army, effective dated: 5 April 2012.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       However, notwithstanding the propriety of the applicant's discharge and on the basis of equity the analyst determined the applicant's reason for discharge is inequitable.
       
       Contained in the documents submitted by the applicant, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, by reason of unsatisfactory performance for refusing to train due to family problems with his wife, disobeying orders, not training, and after having over 180 days the unit determined the applicant could not adapt to the military with an uncharacterized discharge.
       
       
       
       
       
       
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  
       
       A Soldier may be separated under the provisions of Chapter 13 when it is determined that he is unqualified for further military service because of unsatisfactory performance.  This reason will not be used if the Soldier is in entry-level status. 
       
       Records show that the applicant was in a entry-level status, undergoing IET, and before the date of the initiation of separation action had not completed more than 180 days of creditable continuous AD service.
       
       Chapter 11 provides, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status.  This provision 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.  For separation under Chapter 11, the regulation requires an uncharacterized discharge barring serious misconduct.  
       
       Therefore, the analyst recommends the applicant's reason for the discharge be changed to Entry-Level Performance and Conduct, under the provisions of Chapter 11, AR 635-200 with a corresponding separation (SPD) code of JGA.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated 11 April 2012, Commander's Initiation Memorandum and Intermediate Commander's Recommendation Memorandum, DD Form 214 and NGB Form 22 for prior periods of service, and DD Form 214 for the period of service under review.

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 characterization of service was both proper and equitable and voted to deny relief.  

Further, notwithstanding the propriety of the applicant's discharge and on the basis of equity, the Board voted to change the applicant’s reason for discharge, separation authority, and separation code.  The Board directed that block 25, separation authority be changed to AR 635-200, paragraph 11, block 26, separation code be changed to JGA, and block 28, narrative reason for separation be changed to Entry Level Performance and Conduct.   







        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Entry Level Performance and Conduct
Other: The Board directed that block 25, separation authority be changed to AR 635-200, paragraph 11, block 26, separation code be changed to JGA, and block 28, narrative reason for separation be changed to Entry Level Performance and Conduct.   
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20120007399
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