IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 November 2013

      CASE NUMBER:  	AR20130009164
___________________________________________________________________________

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 was discharged from service was because he explained to his company commander he didn’t have the heart to kill another human being.  He was 19 and scared of what he got himself into; he was extremely scared of this issue because it could get himself or someone else killed if he were deployed.  He was humiliated and embarrassed by his drill sergeants until he was discharged.  He would love to become a police officer and a lot of departments will not accept my ELS discharge especially the one I want to get hired with.  He never did anything wrong or was ever court-martialed.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 May 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			26 April 2004
d. Reason/Authority/SPD/RE:		Physical Conditions, Not A Disability, Chapter 5,						paragraph 5-17, AR 635-200, JFV, RE-3
e. Unit of assignment:			A Co, 35th Engineer Battalion, Fort Leonard Wood, 						MO
f. Current Enlistment Date/Term:	12 February 2004, 3 years
g. Current Enlistment Service:	2 months, 15 days
h. Total Service:			2 months, 15 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	None
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army 12 February 2004 for a period of 3 years.  He was 19 years old at the time of entry and a HS Graduate.  He was in initial entry training at Fort Leonard Wood, MO when his discharge was initiated.



SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, physical condition, not a disability, with a characterization of service of uncharacterized.  The DD Form 214 shows a Separation Program Designator (SPD) code of JFV and a reentry (RE) code of 3.  

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

4.  On 24 April 2004, Orders 113-0378, HQS, US Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, discharged the applicant from the Regular Army, effective 26 April 2004.

5.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

The applicant’s record did not contain any other relevant Information.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application.

POST-SERVICE ACTIVITY: 

The applicant stated for the past 6 years he was employed in the security industry as an Armed Security Officer.

REGULATORY AUTHORITY  

1.  Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  

2.  AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  
3.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, the issues and documents submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.

2 The applicant’s record contains 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.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with an uncharacterized separation of service and a reentry eligibility (RE) code of 3.

3.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 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.  Absence evidence to the contrary, it is presumed that the applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority.  

4.  Further, 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 and/or performance of duty.  The record shows that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

5.  The applicant contends he was 19 and scared of what he got himself into; he was extremely scared of this issue he had because it could get himself or someone else killed if deployed.  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. The applicant further contends he would love to become a police officer and a lot of departments will not accept my ELS discharge especially the one I want to get hired with.
The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  


7.  Further, any individual who has served for less than 180 days at the time his commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge.  This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.  

8.  The applicant also contends he never did anything wrong or was ever court-martialed.  The applicant is to be commended for his effort.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

9.  The applicant additionally contends he was discharged from service was because he explained to his company commander he didn’t have the heart to kill another human being. The applicant's contention was carefully considered.  However, the merit of this contention cannot be established because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet this burden of proof since the discharge packet is not available in the official record. 

10.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus 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?  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)		AR20130009164



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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