IN THE CASE OF: Mr.
BOARD DATE: 17 April 2013
CASE NUMBER: AR20120022082
___________________________________________________________________________
Board Determination and Directed Action
After carefully examining the applicant's record of service during the period of enlistment under review 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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests an upgrade of his discharge from uncharacterized to general, under honorable conditions or to fully honorable.
2. The applicant states, in effect, that he received a general, under honorable conditions discharge due to his entry level status. He began seeing a doctor in basic training, did not receive medical rehabilitation or thorough examinations for the purpose of resuming training or to be medically discharged. He would like to reenlist in the Army.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 29 November 2012
b. Discharge received: Uncharacterized
c. Date of Discharge: 10 April 2007
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11, AR 635-200, JGA, NA
e. Unit of assignment: Co B, 2nd Bn, 58th IN Rgt (ITB), Fort Benning, GA
f. Current Enlistment Date/Term: OAD/23 January 2007, for 15 weeks
g. Current Enlistment Service: 0 year, 2 months, 18 days
h. Total Service: 0 year, 6 months, 14 days
i. Time Lost: None
j. Previous Discharges: ARNG-(060927-070122)/NA (Concurrent Service)
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: None
m. GT Score: NIF
n. Education: GED
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: No
SUMMARY OF SERVICE:
The applicant enlisted in the Army National Guard on 27 September 2006, for a period of 8 years. He was 26 years old at the time of entry and had a high school equivalency GED. He was attending basic training at Fort Benning, GA when his separation was initiated.
SEPARATION FACTS AND CIRCUMSTANCES
1. The applicants record is void of the specific facts and circumstances concerning the events which led to his release from active duty for training, discharge from the Reserve of the Army, and return to the Army National Guard. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature.
2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, with the reason specified as entry level performance and conduct, and the characterization described as uncharacterized. The DD Form 214 shows a Separation Program Designator (SPD) code of JGA and a reentry (RE) code of NA.
3. The applicants record does not contain any record of action under the UCMJ or unauthorized absences or time lost.
4. On 9 April 2007, DA, HQS, U.S. Army Infantry Center, Fort Benning, GA, Orders Number 099-2212, released the applicant from active duty effective 10 April 2007.
5. The applicants record does not contain any evidence of unauthorized absences or time lost.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD
There are no counseling statements or UCMJ actions in the record.
EVIDENCE SUBMITTED BY THE APPLICANT
The applicant provided a DD Form 149, dated 13 November 2012; a NGB Form 22, dated 10 April 2007; and a DD Form 214, dated 10 April 2007.
POST-SERVICE ACTIVITY:
The applicant did not provide any with the application.
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 honorable (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 applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants military records and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.
2. The applicants record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the available 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 government regularity is presumed in the discharge process.
3. 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 a characterization of service described as uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
4. The applicant contends he received a general, under honorable conditions discharge due to his entry level status. The record shows (DD Form 214 and NGB Form 22) that the applicant received an uncharacterized discharge.
5. The applicant further contends he began seeing a doctor in basic training, he did not receive any medical rehabilitation or thorough examinations for the purpose of resuming training or to be medically discharged. His contentions were carefully considered; however, the analyst is unable to determine whether these contentions have merit because his personnel record does not show any of the facts or circumstances leading to his release from the Army. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration because they are not available in the official record.
6. The applicant desires to reenlist in the Army. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters 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 if appropriate.
7. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date: 17 April 2013 Location: Washington, DC
Did the Applicant Testify? NA
Counsel: NA
Witnesses/Observers: NA
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 RE Code to: N/A
Grade Restoration to: N/A
Change Authority for Separation: 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) AR20120022082
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
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