IN THE CASE OF:  	Ms. 

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002168
___________________________________________________________________________

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 to change her uncharacterized service to general, under honorable conditions or fully honorable.

2.  The applicant states, in effect, the justifying reason is, because she fractured her foot at basic training; therefore, she needs the status of her discharge changed so that she may receive follow-up medical care.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 January 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	30 November 2012
	d.	Reason/Authority/SPD/RE Code:	Entry Level Performance and Conduct, AR 635-200, 
			Chapter 11, JGA, RE-3
	e.	Unit of assignment:	C Battery, 1st Battalion, 19th Field Artillery, 434th 
			Field Artillery Brigade, Fort Sill, OK
	f.	Current Enlistment Date/Term:	10 September 2012, 6 years
	g.	Current Enlistment Service:	0 years, 2 months, 21 days
	h.	Total Service:	0 years, 2 months, 21 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	None
	m.	GT Score:	102
	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:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 10 September 2012, for a period of 6 years.  She was 19 years old at the time of entry and a high school graduate.  She was attending basic training at Fort Sill, Oklahoma, when her separation was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 13 November 2012, 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 failure to adapt to military life by struggling daily and not being responsive to her drill sergeants’ attempts at intervention, and failing to meet the physical fitness standards required to graduate from basic training.

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 13 November 2012, the applicant waived her right to consult with legal counsel, indicated she was advised of the impact of the discharge action, and did not submit a statement on her behalf.  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  

4.  On 20 November 2012, 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 30 November 2012, with an uncharacterized discharge under the provisions of Chapter 11, AR 635-200, by reason of Entry Level Performance and Conduct, a Separation Program Designator code (SPD) of JGA and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Six negative counseling statements dated between 7 October 2012 and 9 November 2012, for failing APFT and BPFT, and being recommended against purchasing a flight ticket for block leave because she did not meet graduation requirements.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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 to change 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 any change to the uncharacterized 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 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 contends that medical issues contributed to her discharge from the Army.  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.  

6.  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 her overall service.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.

7.  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:  21 June 2013       Location: Washington, DC

Did the Applicant Testify?  NA 

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)		AR20130002168



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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