IN THE CASE OF:	

      BOARD DATE:  	18 October 2013

      CASE NUMBER:  	AR20130006486
___________________________________________________________________________

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 did not properly annotate the enclosed application requesting a possible discharge upgrade or any other changes.  However, according to Department of Defense Instruction 1332.28, his application will be treated as a request for a change to an honorable discharge.  

2.  The applicant states, in effect, he was not ready to be a Soldier when he enlisted.  He prematurely enlisted because of income issues.  At basic training, he was discouraged and did an entry level performance as a way to go home, mature up, and come back.  His discouragement was due to emotional problems at home and struggling with physical training testing.  He wasn’t ready to be in the military and needed to leave so he would grow up, become a man, and re-commit once he was ready.  After his discharge, he began working and discovered the difficulties and responsibilities that accompany adulthood.  He comprehended what a vital mistake he made in giving up on an extremely gracious privilege and opportunity, and began regretting his decision.  Three years later, at age 23, he has his own family, grown up mentally, and decided that the military is right for him and he is now ready to be a part of the team.  Therefore, the board should consider his application because he is ready to be a Soldier, move forward from his mistakes, and to finish what he started in becoming a great Soldier.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	1 April 2013 
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	6 April 2010 
	d.	Reason/Authority/SPD/RE Code:	Entry Level Performance and Conduct, AR 635-200 
			Chapter 11, JGA, RE-3
	e.	Unit of assignment:	Co C, 1st Bn, 13th IN Rgt, 193rd IN Bde, US 
			Army Basic Combat Training Center of Excellence 
			Fort Jackson, SC
	f.	Current Enlistment Date/Term:	6 January 2010, 3 years, 28 weeks
	g.	Current Enlistment Service:	0 years, 3 months, 1 day
	h.	Total Service:	0 years, 3 months, 1 day
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-1
	l.	Military Occupational Specialty:	None
	m.	GT Score:	90
	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:	NIF
	u.	Prior Board Review:	No 
SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 6 January 2010, for a period of 3 years and 28 weeks.  He was 20 years old at the time of entry 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 25 March 2010, 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 being unable to handle the stress of Basic combat training due to adjustment disorder with depressed mood; therefore, he is unable to complete the requirements to graduate.

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 25 March 2010, the applicant waived his right to consult with legal counsel, indicated he understood 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 26 March 2010, 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 6 April 2010, with an uncharacterized discharge.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 17 February 2010, violating an order (NIF).  The punishment consisted of 14 days of extra duty and restriction, (CG).  The Article 15 is not in file; however, the information is according to the unit commander’s forwarding memorandum. 

2.  There is no counseling statement in the record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no further evidence.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he is now working and has a family. 
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 did not properly annotate the enclosed application requesting a possible discharge upgrade.  However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28, which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.  Accordingly, the applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, 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 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 contends that he was young and immature at the time of the discharge.  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.  Furthermore, the applicant desires to rejoin the Military Service.  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 Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

7.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with his overall service record.  Accordingly, 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 service being both proper and equitable, recommend the Board deny relief.  



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  18 October 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

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:		No Change
Change RE Code to:			No Change
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)		AR20130006486

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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