IN THE CASE OF:  	Ms. 

      BOARD DATE:  	12 July 2013

      CASE NUMBER:  	AR20130003788
___________________________________________________________________________

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 her discharge from uncharacterized to honorable and a change to the narrative reason for separation.

2.  The applicant states, in effect, she was denied a VA loan because of the discharge she received. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 February 2013
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			27 October 2004
d. Reason/Authority/SPD/RE Code:	Entry Level Performance and Conduct, AR 635-200							Chapter 11, JGA, RE-3
e. Unit of assignment:			F Co, 2-28th Infantry Regiment Battalion 							Fort Jackson, SC
f. Current Enlistment Date/Term:	12 August 2004, 5 years, 24 weeks
g. Current Enlistment Service:	2 months, 16 days
h. Total Service:			2 months, 16 days
i. Time Lost:				None	
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	None	
m. GT Score:				112
n. Education:				College Graduate
o. Overseas Service:			None	
p. Combat Service:			None	
q. Decorations/Awards:		None	
r. Administrative Separation Board:	No
s. Performance Ratings:		No	
t. Counseling Statements:		No
u. Prior Board Review:			No
SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 12 August 2004, for a period of 5 years and 24 weeks. She was 22 years old at the time of entry and a college graduate.  She was serving at Fort Jackson, SC, when her discharge was initiated.  The record did not contain any awards. 



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 6 October 2004, 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 lacking motivation.

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 6 October 2004, the applicant waived her right to consult with 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 6 October 2004, 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 27 October 2004, with an uncharacterized discharge.

6.  The applicant’s record does not contain any evidence of unauthorized absences, time lost, and actions under Article 15 of the Uniform Code of Military Justice (UCMJ) or counseling statements.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record of evidence did not contain any other relevant information.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; Memorandum for Record, Chief, Physical Therapy Clinic; VA ID card; DD Form 214, and Discharge Orders 293-1311.

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 (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 her 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.  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, 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 Chapter 11, Army Regulation 635-200, for entry level performance and conduct.  The regulation further stipulates that no deviation is authorized.  

6.  Further, 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.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.

7.  The applicant contends she was denied a VA loan because of the discharge she received. 
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.  Further, any individual, who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will receive an uncharacterized discharge.  This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.

9.  Also, a review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

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

11.  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:  12 July 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)		AR20130003788



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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