IN THE CASE OF:  	

      BOARD DATE:  	22 November 2013

      CASE NUMBER:  	AR20130007649
___________________________________________________________________________

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 requests an upgrade of his discharge from uncharacterized to honorable.  

2.  The applicant states, in effect, he thinks his discharge should be changed from uncharacterized to honorable because he did not want to leave the military.  He was involuntarily forced to leave due to his drill sergeants saying that his physical condition was not good enough.  He will admit that he struggled during some of the field training exercises, but he pushed himself because he wanted to be a US Army Soldier.  He never received an Article 15 or any other bad conduct.  He was a good Soldier who just wanted to graduate and become a US Army Infantry Soldier.  He will also admit his motivation was low but he really wanted to become a Soldier.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 April 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			2 April 2013
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11 						AR 635-200, JGA, RE-3
e. Unit of assignment:			Company F, 1st Battalion, 19th Infantry Regiment 						Fort Benning, GA
f. Current Enlistment Date/Term:  	5 February 2013, 3 years, 16 weeks 
g. Current Enlistment Service:  	0 years, 1 month, 28 days
h. Total Service:			0 years, 1 months, 28 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				102
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 5 February 2013 for a period of 3 years and 
16 weeks.  He was 18 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 8 March 2013, 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 because the Soldier had demonstrated character and behavior characteristics not compatible with satisfactory continued service, Soldier cannot adapt to military life. 

2.  The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of his rights.

3.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf.  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  

4.  On 21 March 2013, the separation authority waived further rehabilitation and directed the applicant’s release from active duty with an uncharacterized discharge.

5.  The applicant was separated from the Regular Army on 2 April 2013, with an uncharacterized discharge.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

Numerous counseling statements covering the period 16 February 2013 through 14 March 2013, for a lack of motivation, failing the physical fitness assessment, failing the obstacle course, failing to call “at ease” when the senior drill sergeant entered the bay, being placed on a 3 week review and being notified of being chaptered.  

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided an online DD Form 293, a copy of his case separation documents,  and a copy of his DD Form 214.

POST-SERVICE ACTIVITY: 

None 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.

DISCUSSION AND RECOMMENDATION:

1.  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, the documents 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 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.  He was involuntarily forced to leave due to his drill sergeants saying that his physical condition was not good enough.  However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling.  

6.  The applicant contends that he was a good Soldier and never got in trouble.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements.  

7.  The applicant contends his motivation was low but he really wanted to become a Soldier.  
However, 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.  

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 service being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  22 November 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 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)		AR20130007649



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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