IN THE CASE OF:  	

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130002332
___________________________________________________________________________

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 APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of her discharge from uncharacterized to honorable and a change to the reentry (RE) code.

2.  The applicant states, in effect, that she was discharged because she was having issues with childcare and was told by the Transition Center supervisor that she could rejoin the Army once those issues were resolved.  She has tried to reenlist but has not been able to because of her RE code.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 January 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			5 October 2010
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11 						AR 635-200, JGA, RE-3
e. Unit of assignment:			Co F, 3d Bn, 13th IN Rgt, Fort Jackson, SC
f. Current Enlistment Date/Term:  	12 August 2010, 3 years, 17 weeks
g. Current Enlistment Service:  	0 years, 1 month, 24 days
h. Total Service:			0 years, 6 month, 11 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (100325-100811), UNC
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				103
n. Education:				1 Year of College
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 served in the Army National Guard for almost 5 months and on 12 August 2010, she enlisted in the Regular Army in the grade of E-3/PFC, for a period of 3 years and 17 weeks.  She was 21 years old at the time and had 1 year of college.  She was attending basic training at Fort Jackson, SC when her separation was initiated.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 21 September 2010, 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; specifically for being unable to meet the minimum standards for successful completion of basic training due to her inability to adapt to the military environment and refusal to train due to family issues.

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

3.  On 22 September 2010, the applicant waived legal counsel, 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 24 September 2010, 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 5 October 2010, with an uncharacterized discharge.

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

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.

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.  

3.  An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned a RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge and a change to the RE code 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 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.  The applicant requests an upgrade of her discharge to honorable.  However, 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 characterization.  

5.  The applicant contends she was having childcare issues and was told once those issues were resolved she could rejoin the Army.  The applicant was in basic training and should have looked for ways to obtain assistance or relief through other avenues.  There is no evidence in the record that she ever sought such assistance.  Moreover, 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 her 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. 

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

7.  Therefore, the reason for discharge, the RE code, 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: 12 June 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: 			No

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
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)		AR 20130002332		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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