IN THE CASE OF:  	Mr.

      BOARD DATE:  	7 June 2013

      CASE NUMBER:  	AR20130001820
___________________________________________________________________________

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 APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade to his uncharacterized discharge to honorable.

2.  The applicant states, in effect, that he was young at the time of his discharge and did not understand the documents he was signing.  He has continued to serve his country in the reserves and has obtained the rank of SPC/E-4.  He is also committed to serving his community and would like to rejoin the military once he completes his medical degree.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			18 January 2013		
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				13 October 2000
d. Reason/Authority/SPD/RE Code:		Entry Level Performance and Conduct,         								AR 635-200, Chapter 11, JGA, RE-3
e. Unit of assignment:				Company D, 2d Battalion, 54th Infantry, Fort 							Benning, GA		
f. Current Enlistment Date/Term:		26 June 2000, 4 years
g. Current Enlistment Service:		0 years, 3 months, 18 days
h. Total Service:				2 years, 8 months, 2 days	
i. Time Lost:					None
j. Previous Discharges:			ARNG 980213 - 000625, HD
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			No
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 26 June 2000 for a period of 4 years.  He was      19 years old at the time of entry and a high school graduate.  He had prior ARNG service, and completed a total of 2 years, 8 months, and 2 days of service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 5 September 2000, 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 for failing to adapt socially or emotionally to military life.

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

3.  On 5 September 2000, the applicant’s discharge packet was reviewed by the Brigade Legal Center, and found to be legally sufficient.  The applicant’s election of rights memorandum is not available in the records for review and the presumption of government regularity prevails in the discharge process.  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge

4.  On 26 September 2000, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

5.  On 13 October 2000, the applicant was separated from the Army 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:

Eleven negative counseling statements dated between 19 July 2000 and 5 September 2000, for failing to adapt, disrespecting an NCO, refusing to train, missing training, disobeying a lawful order, and discharge counseling.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD Form 293, and a DD Form 214. 

POST-SERVICE ACTIVITY: 

The applicant states he continued to serve in the ARNG and was honorably discharged on 30 July 2007, achieved the rank of SPC/E-4.  He was awarded the military occupational specialty (MOS) of 14M10, MANPADS Crewmember and earned an AAM. 

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 his discharge was carefully considered.  However, after examining the applicant’s record of service, 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 the Soldier has not been in the Army long enough for the character of service to be rated as honorable.    

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.  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 contends that he was young and immature at the time of the discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

6.  The applicant contends he did not understand what he was signing and his behavior was not bad.  However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

7.  The applicant contends he continued to serve his community and his country in the ARNG.    The applicant’s ARNG accomplishments have been noted as outlined on the application and in the applicant’s record.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

8.  The applicant contends he would like to rejoin the Army once he completes medical school.  Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  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.

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

10.  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: Records Review		  Date:  7 June 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 Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA




















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)		AR20130001820



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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