IN THE CASE OF: Mr.
BOARD DATE: 9 October 2013
CASE NUMBER: AR20130006799
___________________________________________________________________________
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 is seeking an upgrade in order to receive Veterans Preference points (5) when applying for a job.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 8 April 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 2 July 1998
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11, AR 635-200, JGA, RE-3
e. Unit of assignment: HHB, 3rd Battalion, 18th Field Artillery Brigade , Fort Sill, OK
f. Current Enlistment Date/Term: 31 December 1997, 4 years
g. Current Enlistment Service: 0 years, 5 months, 29 days
h. Total Service: 8 years, 7 months, 27 days
i. Time Lost: 3 days
j. Previous Discharges: USAR (841109-850106), NA RA (850107-880106), HD USARCG/IRR (880107-921108), NA
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 31L10, Wire System Installer
m. GT Score: 104
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: AAM, AGCM, NDSM, ASR, OSR
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 7 January 1985, for a period of 3 years and was discharged with an honorable discharge. He was 19 years old at the time of his first enlistment and was a high school graduate. The applicant rejoined the Regular Army on 31 December 1997 for a period of 4 years. He was stationed at Fort Sill, OK, when his separation was initiated. At the time of his notification he had completed 174 days of continuous active duty service.
SEPARATION FACTS AND CIRCUMSTANCES
1. The evidence of record shows that on 22 June 1998, 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; specifically for personal problems that prevented him from adapting to a lifestyle within the military. He was a constant drain on the unit and he failed to show any potential for rehabilitation.
2. Based on the reasons stated above, the unit commander recommended the applicants separation from the Army with an uncharacterized discharge and advised him of his rights.
3. The applicants record is void of the complete facts and circumstances. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature.
4. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, with the reason specified as entry level performance and conduct, and the characterization described as uncharacterized. The DD Form 214 shows a Separation Program Designator (SPD) code of JGA and a reentry (RE) code of 3.
5. The applicants record does not show any record of actions under the UCMJ or unauthorized absences or time lost.
6. The applicants record contains evidence of 3 days (980615-980618) of unauthorized absences or time lost.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD
1. A Summarized Article 15, dated 2 June 1998, for failing to report to physical training formation (989601). The punishment imposed consisted of a suspension of pass privileges for 14 days and 7 days extra duty, suspended.
2. A Summarized Article 15, dated 19 June 1998, for failing to report to physical training formation (980615). The punishment imposed consisted of 14 days restriction, corrective training, and extra duty.
3. A negative counseling statement dated June 1998, for being AWOL for 3 days (980615-980618).
EVIDENCE SUBMITTED BY THE APPLICANT
The applicant provided a self-authored statement with the application.
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. Chapter11 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 military records and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.
2. The applicants record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains the commanders notification letter and a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.
3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, with a characterization of service described as uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
4. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
5. The personnel record does not show the complete facts or circumstances surrounding his discharge from the Army. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration because they are not available in the official record.
6. The records show the proper discharge and separation authority procedures were followed in this case.
7. 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: 9 October 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) AR20130006799
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
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