IN THE CASE OF:
BOARD DATE: 10 July 2013
CASE NUMBER: AR20130002740
___________________________________________________________________________
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.
2. The applicant states, in effect, he began seeing a doctor in basic training and was placed on a profile preventing him from training. He spent five months in basic training attempting to get returned to duty. He went on convalescent leave for 30 days and got a second opinion and results came back negative. When he returned to the base after my 30 days, he informed Ms. Hines (PA) he got a second opinion and his results were negative. She told him he had no right to do so and it was being disrespectful. He is attempting to pursue a career in law enforcement and major justice; however, his performance and entry level separation is hindering him from achieving that goal.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 4 February 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 25 September 2007
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, NA
e. Unit of assignment: Co F, RHU, Fort Benning, GA
f. Current Enlistment Date/Term: OAD/24 May 2007, NIF
g. Current Enlistment Service: 0 year, 4 months, 2 days
h. Total Service: 0 year, 4 months, 15 days
i. Time Lost: None
j. Previous Discharges: USAR-(070511-070523)/NA (Concurrent Service)
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: None
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: No
u. Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the U.S. Army Reserve 11 May 2007, for a period of 8 years. He was 23 years old at the time of entry and a HS Graduate. He was attending basic training at Fort Benning, GA when his separation was initiated. The period for which he was ordered to active duty training is not contained in the available record.
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 and return the U.S. Army Reserve. 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 documented evidence of any action under the Uniform Code of Military Justice (UCMJ), unauthorized absences or time lost.
4. On 22 September 2007, DA, HQS, U.S. Army Infantry Center, Fort Benning, GA, Orders 265-2205, discharged the applicant from the U.S. Army Reserve effective 25 September 2007.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD
The record does not contain any counseling statements.
EVIDENCE SUBMITTED BY THE APPLICANT
The applicant provided an online application; Letter, National Personnel Records Center (NPRC), two pages; three DD Forms 214; and two Discharge Orders (265-2205, 08-066-00018).
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 available 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 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. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions.
5. The applicant contends he began seeing a doctor in basic training and was placed on a profile preventing him from training; he spent five months in basic training attempting to get returned to duty; he went on convalescent leave for 30 days and got a second opinion and results came back negative; when he returned to the base after my 30 days, he informed Ms. Hines (PA) he got a second opinion and his results were negative; she told him he had no right to do so and it was being disrespectful. These contentions were carefully considered; however, the analyst is unable to determine whether these contentions have merit because the record of evidence does not contain any facts or circumstances leading to his release from active duty for training and return the U.S. Army Reserve.
6. 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.
7. The applicant further contends he is attempting to pursue a career in law enforcement, attend college and major in criminal justice; however, his performance and entry level separation is hindering him from achieving that goal. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
8. 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: 10 July 2013 Location: Washington, DC
Did the Applicant Testify: No
Counsel: 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 UOTHC - Under Other Than Honorable Conditions
ADRB Case Report and Directive (cont) AR20130002740
Page 2 of 5 pages
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