IN THE CASE OF:
BOARD DATE: 31 July 2013
CASE NUMBER: AR20130003926
___________________________________________________________________________
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 uncharacterized discharge to general, under honorable conditions.
2. The applicant states, in effect, he has young, barely 19 years old and fresh out of high school. He is now more ready, willing, and dedicated to finish what he started.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 1 March 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 15 March 2012
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3
e. Unit of assignment: B Co, 1-19th Infantry Regiment, Fort Benning, GA
f. Current Enlistment Date/Term: 3 January 2012, 3 years and 19 weeks
g. Current Enlistment Service: 2 Months, 13 days
h. Total Service: 2 Months, 13 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: None
m. GT Score: 97
n. Education: HS 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: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the Regular Army on 3 January 2012, for a period of 3 years and 19 weeks. He was 19 years old at the time and a high school graduate. He was attending basic training at Fort Benning, GA, when his separation was initiated.
SEPARATION FACTS AND CIRCUMSTANCES
1. The evidence of record shows that on 29 February 2012, 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 demonstrating character and behavior characteristics not compatible with satisfactory continued service and failure to adapt to military life.
2. The unit commander recommended the applicants separation from the Army with an uncharacterized discharge and advised the applicant of his rights.
3. On 29 February 2012, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended the applicants discharge and waiver of further rehabilitative efforts.
4. On 8 March 2012, the separation authority waived further rehabilitation and directed the applicants separation from the Army with an uncharacterized discharge.
5. The applicant was separated from the Army on 15 March 2012, with an uncharacterized discharge.
6. The applicants record does not contain any evidence of unauthorized absences, time lost or any action under the Uniform Code of Military Justice (UCMJ).
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD
The record contains seven negative counseling statements, completed between 27 January 2012 and 22 February 2012, for failing to comply with weapon handling procedures on two separate occasions, missing physical training (PT) and leaving formation without permission, failing to secure his wall locker, disobeying a lawful order, and being recommended for Chapter 11, ELS separation for his inability to conform to military standards on more than one occasion.
EVIDENCE SUBMITTED BY THE APPLICANT
The applicant provided a DD Form 293; Discharge Orders 074-2206; and a DD Form 214.
POST-SERVICE ACTIVITY:
The applicant did not provide any with his 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.
DISCUSSION AND RECOMMENDATION:
1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants 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.
2. The evidence of record confirms the applicants 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 applicants overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldiers 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 Soldiers 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
5. The applicant contends he has young, barely 19 years old and fresh out of high school. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
6. The applicant further contends he is now more ready, willing, and dedicated to finish what he started. 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.
7. The records show the proper discharge and separation authority procedures were followed in this case.
8. Therefore, the reason for discharge and the characterization of being both proper and equitable, recommend the Board deny relief.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date: 31 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
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) AR20130003926
Page 2 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
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