IN THE CASE OF:  	Mr 

      BOARD DATE:  	31 May 2013

      CASE NUMBER:  	AR20130003196
___________________________________________________________________________

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

2.  The applicant states, in effect, that he wants to rejoin the Army to help his birth family of five.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 February 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			2 June 2009
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11, 						AR 635-200, JGA, RE-3
e. Unit of assignment:			C Co, 2-39th Infantry Regiment, Fort Jackson, SC
f. Current Enlistment Date/Term:  	5 May 2009, 5 years, 34 weeks
g. Current Enlistment Service:  	28 days
h. Total Service:			28 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				92
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 5 May 2009, for a period of 5 years, 34 weeks.  He was 25 years old at the time and a high school graduate.  He was attending basic training at Fort Jackson, SC, when his separation was initiated.









SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 22 May 2009, 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 failing to adapt to military life, refusing to train, being disrespectful to the chain of command, provoking a Drill Sergeant in an attempt to have a physical altercation and continuing to disrupt the training of his peers hindering the focus of other Soldiers.

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

3.  On 22 May 2009, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions or an honorable discharge (although he was not entitled to a board), and did not submit a statement on his behalf.  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  

4.  On 22 May 2009, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

5.  The applicant’s record does not contain any evidence of actions under the UCMJ or unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The record contains two counseling statements, dated 20 May 2009, regarding recommendations for separation under Chapter 11, AR 635-200, and insubordination towards a noncommissioned officer.  The remaining counseling statements are duplicates.

2.  The record contains a Military Police Report dated 22 March 2003, for being under investigation for assault consummated by battery.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293; a Resume, ten pages; Birth Certificate; Salvation Army A-L-M Division Volunteer Application, 16 pages; Barber’s License; Certificate of Appreciation; Certificate, Truck Driver Training; Marriage Certificate; Certificate of Training (JROTC); Discharge Orders 148-1316; a DD Form 214, and his Army Human Resource Record (AMHRR), one hundred fifty-four pages.

POST-SERVICE ACTIVITY: 

The applicant stated he is a truck driver and a licensed professional stylist.
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.

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 for separation 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 an upgrade of the applicant's discharge or a change to the narrative reason for separation.

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 his or 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 requested a change to the narrative reason for separation.  However, the applicant was separated under the provisions of Chapter 11, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct,” the separation code is "JGA," with a reentry eligibility (RE) code of “3 “.

6.  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 entered 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.  

7.  The applicant desires to rejoin the Army to help his birth family of five.  However, he was appropriately assigned a reentry code of 3.  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. 

8.  The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  In review of the applicant’s entire service record and the reasons for the discharge, these accomplishments did not overcome the reason for discharge and characterization of service granted.  

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:  31 May 2013		Location: Washington, DC

Did the Applicant Testify:  NA 

Counsel:  NA

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)		AR20130003196



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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