IN THE CASE OF: Mr.
BOARD DATE: 28 August 2013
CASE NUMBER: AR20130005502
___________________________________________________________________________
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 and a change to his reentry eligibility (RE) code from 3 to 1.
2. The applicant states, in effect, that he was given an improper RE code. He contends he was told he would have the option to join again after 6 months. He would like a change in his RE code for the purpose of joining the United States Air Force.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 18 March 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 31 March 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, 2nd Bn, 10th IN, Fort Leonard Wood, MO
f. Current Enlistment Date/Term: 23 February 2011, 3 years and 38 weeks
g. Current Enlistment Service: 0 years, 1 month, 8 days
h. Total Service: 0 years, 1 month, 8 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: None
m. GT Score: 108
n. Education: College 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 23 February 2011, for a period of 3 years and 38 weeks. He was 23 years old at the time of entry and a college 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 17 March 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 having demonstrated an inability to adjust to the military or to cope with stress which prevented him from completing multiple training exercises and on at least one occasion he had been disruptive to others as well; he openly expressed his desire to leave the Army and his lack of motivation.
2. The unit commander recommended the applicants separation from the Army with an uncharacterized discharge and advised the applicant of his rights.
3. On 17 March 2011, the applicant declined 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 24 March 2011, 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 31 March 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 cod (SPD) of JGA and a RE code of 3.
6. The applicant's record does not contain any evidence of unauthorized absences or time lost.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:
1. A counseling statement dated 11 March 2011, for separation action under Chapter 11 for failure to adapt to military standards.
2. A sworn statement, dated 11 March 2011 signed by the applicant indicating he no longer wished to be a part of the United States Army as a result of extreme separation anxiety from his fiancé and family.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided a DD Form 293.
POST-SERVICE ACTIVITY:
None were 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 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, 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 applicants request for an upgrade of the characterization of his discharge and a change to the RE code were carefully considered. However, after examining the applicants military records and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge and a change to the RE code.
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. A general, under honorable conditions discharge is not authorized under ELS conditions.
4. The applicant contends he was told he would have the option to rejoin the service again after 6 months. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable.
5. The applicant expressed his desire to have his RE code changed from a 3 to 1 for the purpose of joining the US Air Force. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. 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 Armed Forces at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.
6. 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: 28 August 2013 Location: Washington, DC
Did the Applicant Testify? NA
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 UOTHC - Under Other Than Honorable Conditions
ADRB Case Report and Directive (cont) AR20130005502
Page 6 of 6 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
1
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