IN THE CASE OF:  	Ms. 

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130002967
___________________________________________________________________________

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 his uncharacterized discharge to general, under honorable conditions or fully honorable and a change to the narrative reason for the discharge.

2.  The applicant states, in effect, the uncharacterized discharge he received is affecting his ability to obtain a career in State Government and believes his discharge was unjustified.  He had terrible pain on his left knee and was forced to continue running and when he finally went to see the doctor, he was diagnosed with a stress fracture. He requested to go home and was denied.  He was desperate to get home and signed the discharge papers under pressure. He saw a civilian doctor who diagnosed him with a torn meniscus and performed surgery.  If he had stayed at Fort Jackson he would have ruined his knee permanently.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 February 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			9 October 1998
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11, 						AR 635-200, JGA, RE-3
e. Unit of assignment:			Co B, 1st Bn, 61st IN Regiment, Fort Jackson, SC
f. Current Enlistment Date/Term:  	IADT, 4 September 1998, term is NIF
g. Current Enlistment Service:  	1 month, 6 days
h. Total Service:			9 months, 5 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (dates NIF)
k. Highest Grade Achieved:		E-1
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:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army National Guard and on 4 September 1998, he was ordered to active duty for training.  He was 18 years old at the time and was a high school graduate.  He was attending basic training at Fort Jackson, SC when his separation was initiated.


SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s record which would provide the specific facts and circumstances concerning the events which led to the discharge from the Army is not available for review.  However, the applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), which appears to have been properly authenticated including the applicant’s 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.  On 9 October 1998, the applicant was released from active duty training and returned to the control of the Pennsylvania Army National Guard.

4.  The applicant’s DD Form 214 does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

None

EVIDENCE SUBMITTED BY THE APPLICANT 

 The applicant provided a copy of congressional correspondence and his DD Form 214.

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.  A general, under honorable conditions discharge (GD) 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.

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 an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason was carefully considered.  However, after examining the applicant’s available documents he submitted and the issue with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for the separation.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), which appears to be properly constituted and that 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 would have been met and the rights of the applicant protected throughout the separation process.  

4.  The applicant contends that he would like an upgrade of his discharge to general, under honorable conditions or to fully honorable and a change to the reason for the discharge because the uncharacterized discharge is affecting his ability to obtain a career in State Government.  However, a general under honorable conditions discharge is not authorized under entry level status and an honorable characterization may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The applicant’s record is not available for review and there is a presumption of regularity in the conduct of governmental affairs.  This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  The applicant’s statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further corroborating evidence in support of the request for an upgrade of the discharge.  

5.  The applicant also contends the narrative reason for the discharge should be changed.  However, the applicant was separated under the provisions of Chapter 11, AR 635-200 for entry level performance and conduct.  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.  

6.  Moreover, the applicant states the uncharacterized discharge is affecting his ability to obtain a career in State Government; however, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  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 complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

8.  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:   26 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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130002967		


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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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