IN THE CASE OF:  	Ms. 

      BOARD DATE:  	22 April 2013

      CASE NUMBER:  	AR20120016007
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.






      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests that her uncharacterized discharge be upgraded to honorable and the narrative reason for separation changed. 

2.  The applicant states, in effect, she was absolutely fine entering BCT but not afterwards.  She wasn't able to complete training because she injured both of her ankles at the same time.  She was able to perform her duties (i.e., exercises etc) before, but after the injury, she wasn't.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 August 2012			
b. Discharge Received:		Uncharacterized		
c. Date of Discharge:			16 December 2009				
d. Reason/Authority/SPD/RE Code:	 Entry Level Performance and Conduct, AR 635-200,							 Chapter 11, JGA, RE-3	
e. Unit of assignment:			 A Co, 1-61st Infantry Regiment, Fort Jackson, SC	
f. Current Enlistment Date/Term:	 OIADT/5 October 2009, NIF	
g. Current Enlistment Service:	 2 months, 12 days
h. Total Service:			 6 months,  25 days
i. Time Lost:				 None	
j. Previous Discharges:		 USAR-(090522-091004)/NA									                 (Concurrent Service)
k. Highest Grade Achieved:		 E-1		 	
l. Military Occupational Specialty:	 None	
m. GT Score:				 84	
n. Education:				 HS Graduate	
o. Overseas Service:			 None	
p. Combat Service:			 None	
q. Decorations/Awards:		 None	
r. Administrative Separation Board:	 No	 	
s. Performance Ratings:		 None	
t. Counseling Statements:		 None
u. Prior Board Review:			 Yes/10 August 2011/denied	
SUMMARY OF SERVICE:		
	
The applicant enlisted in the U.S. Army Reserve on 22 May 2009, for a period of 8 years.                 She was 22 years old at the time of entry and was a high school graduate.  She was ordered to active duty for training and was serving at Fort Jackson, SC, when her discharge was initiated.  She did not have any personally earned awards in her service record. 



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 3 December 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 being unable to meet the physical fitness standards required to graduate basic training.  She had been in the STRIKE program for over five weeks and was unable to meet the minimum standards.

2.  The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of her rights.

3.  On 3 December 2009, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and submitted a statement on her behalf (which is not contained in the records).  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  

4.  On 7 December 2009, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

5.  The applicant was separated from the Army on 16 December 2009, with an uncharacterized discharge.

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record does not contain any actions under Article 15 of the Uniform Code of Military Justice or negative counseling statements.  

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided an online application dated, 18 July 2012.

POST-SERVICE ACTIVITY: 

The applicant did not provide any.  









REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on entry level separations.  It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

2.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS).  An uncharacterized service description is normally granted to Soldiers separating under this chapter. 

3.  A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted.  An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

2.  The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service.  An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

3.  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.  The Regulation 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.  

4.  A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty.  The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge.  

5.  The applicant requested a change to the narrative reason for separation.  However, the applicant’s discharge was directed 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” and the separation code is “JGA,” and the reentry eligibility (RE) code of “3.”

6.  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.  

7.  The applicant contends she was absolutely fine entering basic training, but not afterwards.  She wasn't able to complete training because she injured both of her ankles at the same time.  She was able to perform her duties (i.e., exercises etc) before but after the injury, she wasn't.

8.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 

9.  The record shows that the applicant was placed in a program to help her meet the minimum physical fitness standards required to graduate basic training.  She was in the program for five weeks and was still unable to meet the minimum standards.

10.  A review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

11.  The records show the proper discharge and separation authority procedures were followed in this case.

12.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 






SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Personal Appearance	      Date:  22 April 2013    Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: None

Witnesses/Observers: None???? 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Letter of support – not dated.

2.  The applicant presented the additional contention:

	a.  None were submitted.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.


Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	N/A
Change RE Code to:		N/A
Grade Restoration to:		N/A
Other:					N/A





Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120016007



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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