IN THE CASE OF: Mr.
BOARD DATE: 9 October 2013
CASE NUMBER: AR20130007015
___________________________________________________________________________
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, that prior to departing to basic training, his fiancée gave birth to a premature son. While in basic, his son was constantly in and out of the hospital and was prone to having severe seizures. Having to deal with the condition of his son and his fiancée alone caused him to be unable to focus and fully concentrate on the training. After his discharge, his sons health improved and continues to do well.
3. The applicant contends he is currently working in security at a military establishment. He would like to seek a career in law enforcement; however, he was told without an upgrade of his discharge, the chances are slim.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 8 April 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 8 March 2011
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3
e. Unit of assignment: D Company, 2d Battalion, 47th Infantry, Fort Benning GA
f. Current Enlistment Date/Term: 3 February 2011, 3 years, 25 weeks
g. Current Enlistment Service: 0 years, 1 months, 6 days
h. Total Service: 0 years, 1 months, 6 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: None
m. GT Score: 114
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: NDSM
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 3 February 2011, for a period of 3 years and 25 weeks. He was 19 years old at the time and was 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 28 February 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; specifically for being unable to adapt to the military, after being provided with the counseling and rehabilitation required by paragraph 11-4.
2. The unit commander recommended the applicants separation from the Army with an uncharacterized discharge and advised him of his rights.
3. On 28 February 2011, the applicant waived 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 1 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 8 March 2011, with an uncharacterized discharge.
6. The applicants record does not contain any evidence of time lost or unauthorized absences.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD
There are no counseling statements or UCMJ actions in the record.
EVIDENCE SUBMITTED BY THE APPLICANT
The applicant provided an online DD Form 293 and a DD Form 214.
POST-SERVICE ACTIVITY:
The applicant contends he is currently working security on a military installation and would like to pursue law enforcement.
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 document 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 the 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.
The applicants record shows that when he was notified about his separation, he had completed 26 days of continuous active duty service; thus, he was 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 applicants service record indicates no such unusual circumstances were present and did not warrant an honorable discharge.
5. The applicant contends that an upgrade of his discharge will allow him to obtain better employment and increase his chances of getting in to law enforcement. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
6. In addition, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
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 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) AR20130007015
Page 6 of 6 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
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