IN THE CASE OF:
BOARD DATE: 3 May 2013
CASE NUMBER: AR20120022551
___________________________________________________________________________
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 to be 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 a change of her uncharacterized discharge to medical.
2. The applicant states, in effect, that she injured herself and couldnt complete the Army Physical Fitness Test (APFT) in the allotted time.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 7 December 2012
b. Discharge received: Uncharacterized
c. Date of Discharge: 15 April 2002
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3
e. Unit of assignment: FTC, 120th AG Bn, Fort Jackson, SC
f. Current Enlistment Date/Term: 23 January 2002, 4 years
g. Current Enlistment Service: 2 months, 23 days
h. Total Service: 2 months, 23 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: None
m. GT Score: 122
n. Education: College 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: No
SUMMARY OF SERVICE:
The applicant enlisted in the Regular Army as a PFC/E-3 on 23 January 2002, for a period of 4 years. She was 28 years old at the time of entry and was a college graduate. She was attending basic training at Fort Jackson, SC when her 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 the discharge from the Army. 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 3.
3. The applicants record does not show any record of actions under the UCMJ or unauthorized absences or time lost.
4. On 10 April 2002, HQDA USA Training Center, Fort Jackson, SC, Orders Number 100-1201, discharged the applicant from the Army effective 15 April 2002.
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 no supporting documentation with her application.
POST-SERVICE ACTIVITY:
None provided 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. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. A 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 and a change to the reason for the 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 her discharge from the Army. However, the 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 that she was unable to complete the APFT due to a medical condition. Her contention was carefully considered; however, the Board is unable to determine whether this contention has merit because her personnel record does not show any of the facts or circumstances leading to her discharge from the Army. If the applicant desires a personal appearance hearing, it will be her 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.
5. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part 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.
6. Further, 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." 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 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. Therefore, based on the available evidence, the reason for discharge and the characterization of service appear to be proper and equitable, thus recommend the Board deny relief.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date: 3 May 2013 Location: Washington, DC
Did the Applicant Testify? No
Counsel: None
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: No Change
Grade Restoration to: NA
Change Authority for Separation: No Change
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 UOTH - Under Other Than Honorable
ADRB Case Report and Directive (cont) AR 20120022551
5
ARMY DISCHARGE REVIEW BOARD (ADRB)
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