IN THE CASE OF:  	Mr. 

      BOARD DATE:  	31 July 2013

      CASE NUMBER:  	AR20130004732
___________________________________________________________________________

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 improper.  The applicant was released from active duty under the provision of Chapter 11, Army Regulation 635-200 and the Board noted the applicant had completed 6 months and 4 days of continued active service at the time the separation action was initiated; thus he was no longer in an entry level status.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable, a change to the narrative reason for separation to Secretarial Authority.  



      
      
      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 and a change to the narrative reason for discharge.

2.  The applicant states, in effect, that an upgrade of his discharge would give him the opportunity to reenlist.  He contends the reasons for his discharge were for minor offenses.  He believes he was unjustly discharged; he received his punishment for misconduct and should have been allowed to graduate.  He also believes he was discriminated against by this commander.  He is currently pursuing his Masters Degree in Criminal Justice and has a G.P.A. of 3.0 and believes he has learned from his experience.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 March 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			20 July 2011
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11, 						AR 635-200, JGA, RE-3
e. Unit of assignment:			B Co, 35th EN Bn, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:  	10 January 2011, NIF
g. Current Enlistment Service:  	0 years, 6 months, 11 days
h. Total Service:			0 years, 9 months, 27 days
i. Time Lost:				None
j. Previous Discharges:		USAR-100924-110109/NA										     (Concurrent Service)
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				98
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 United States Army Reserve on 24 September 2010, and was ordered to initial active duty for training (IADT).  He was 22 years old at the time of entry and a high school graduate.  He was attending basic training at Fort Leonard Wood, MO when his separation was initiated.  His record documents no acts of valor or significant achievements.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 13 July 2011, 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 failure to adapt to military life, consistently failing to comply with Army standards by failing to be at his appointed place of duty, having contraband, and violations of TRADOC Regulation 360-6, and for receiving a field grade Article 15 (110425) for disobeying lawful orders.

2.  Based on the above misconduct, the unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised him of his rights.

3.  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 applicant’s discharge and waiver of further rehabilitative efforts.

4.  On 15 July 2011, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

5.  The applicant was discharged from the Army on 20 July 2011, with an uncharacterized discharge under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct, with a Separation Program Designator code (SPD) of JGA and an RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, issued on 25 April 2011, for disobeying a lawful order from a commissioned officer by purchasing contraband items (110322) and disobeying a lawful order from his drill sergeant (110322).  The punishment consisted of reduction to the grade of E-1, forfeiture of $733.00 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand (FG). 

2.  Six negative counseling statements dated between 23 March 2011 and 14 June 2011, concerning his entry level separation, recommendation for separation, and his entry level separation processing.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his birth certificate, a sworn statement, dated 13 April 2011, developmental counseling forms, dated 23 March 2011 and 27 April 2011, individual training record for basic/advanced training; dated 24 June 2011, copy of record of proceedings under Article 15, dated 20 April 2011, and copy of the DD Form 214 under review.

POST-SERVICE ACTIVITY: 

The applicant states he is currently pursuing a Masters Degree in Criminal Justice with a G.P.A. of 3.0.  He has learned to be honest no matter the situation, stay away from situations that can get him in trouble, and to follow orders at all times. 

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 applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After a careful review of all the applicant’s military records for the period of enlistment under review and the issue, and documents submitted with the application, the discharge was determined to be improper.  

3.  Army Regulation 635-200, Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an ELS.  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.

4.  The evidence of record shows the unit commander notified the applicant of initiation of discharge proceedings after he had completed 180 days of continuous active duty, thus he was no longer in entry level status.  AR 635-200 defines entry level status for active duty Soldiers as the period of the first 180 days of continuous active duty.  When the applicant was discharged, he had completed 6 months and 4 days of active duty service.  

5.  The records show the proper discharge and separation procedures were not followed in this case.
6.  In view of the foregoing, it is recommended that the applicant’s characterization of service be upgraded to fully honorable and a change to the narrative reason for separation to “Secretarial Authority” with a corresponding separation SPD code of “JFF.”  This action does not entail a change to the reentry eligibility (RE) code; however, the Board may consider it.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review   Date: 31 July 2013   Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	5	No Change:  0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:    		Yes
Change Characterization to:  		Honorable   
Change Reason to:   			Secretarial Authority with corresponding SPD Code of 						JFF (Involuntary Discharge)
Change Authority for Separation to:  	Chapter 5, paragraph 5-3, AR 635-200
Change RE Code to:  			1
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)		AR20130004732



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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