IN THE CASE OF:
BOARD DATE: 13 November 2013
CASE NUMBER: AR20130007383
___________________________________________________________________________
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, the combination of his parents troubles caused his thinking process to go haywire. He learned that an uncharacterized discharge was detrimental to anything he attempts to do. He believes due to his mental state at the time, he was unable to concentrate and be a good Soldier he always wanted to be. He requests an upgrade of his discharge to general, under honorable conditions so he can better himself through opportunities that are denied at the present time.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 15 April 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 27 April 2011
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3
e. Unit of assignment: E Battery, 1-79th Field Artillery, Fort Sill, OK
f. Current Enlistment Date/Term: 14 February 2011, 3 years and 23 weeks
g. Current Enlistment Service: 2 Months, 14 days
h. Total Service: 2 Months, 14 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: No
m. GT Score: 108
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 Regular Army on 14 February 2011, for a period of 3 years and 23 weeks. He was 19 years old at the time and a high school graduate. He was attending basic training at Fort Sill, OK when his separation was initiated.
SEPARATION FACTS AND CIRCUMSTANCES
1. The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, for failing to adapt to the Army standards for failure to adapt to the Army standards after being seen by Community Behavioral Health Services (CBHS). His evaluation recommended a routine Chapter 11 separation due to adjustment related problems. Retention was based on his ability to cope, adjust and perform to standard and unfortunately he was not adapting at a successful rate. These conditions could impair unit readiness and safety.
2. The unit commander recommended the applicants separation from the Army with an uncharacterized discharge and advised the applicant of his rights.
3. On 7 April 2011, 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 applicants discharge and waiver of further rehabilitative efforts.
4. On 12 April 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 27 April 2011, with an uncharacterized discharge.
6. The applicants record does not contain any evidence of unauthorized absences, time lost or any action under the Uniform Code of Military Justice (UCMJ).
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD
1. The record contains two negative counseling statements, dated 1 April 2011 and 4 April 2011, for being recommended for Chapter 11, entry level separation for his inability to adapt to military service and unsatisfactory performance, lack of reasonable effort and failure to adapt.
2. A DA Form 3822-R (Report of Mental Status Evaluation), dated 8 March 2011 which indicated the applicant was diagnosed with an adjustment disorder with depressed mood vs phase of life problems and was recommended for separation under Chapter 11.
EVIDENCE SUBMITTED BY THE APPLICANT
The applicant provided a DD Form 293, and a DD Form 214.
POST-SERVICE ACTIVITY:
The applicant did not provide any with his 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.
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, his military records, 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 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.
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 the combination of his parents troubles caused his thinking process to go haywire; and he believes that due to his mental state at the time, he was unable to concentrate and be the good Soldier he always wanted to be. While the applicant may believe his parents troubles and mental state at the time were the underlying causes of his inability to perform to standards. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, or any medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for being unable to perform standards or adapt to military life.
6. The applicant further contends he learned that an uncharacterized discharge was detrimental to anything he attempts to do. Any individual, who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will receive an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.
7. The applicant also contends an upgrade of his discharge to general, under honorable conditions can better himself through opportunities that are denied at the present time.
However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
8. The records show the proper discharge and separation authority procedures were followed in this case.
9. Therefore, the reason for discharge and the characterization of being both proper and equitable, recommend the Board deny relief.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date: 13 November 2013 Location: Washington, DC
Did the Applicant Testify: No
Counsel: Yes
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 RE Code to: No Change
Grade Restoration to: NA
Change Authority for Separation: No Change
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) AR20130007383
Page 6 of 6 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
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