IN THE CASE OF:
BOARD DATE: 28 June 2013
CASE NUMBER: AR20130009774
___________________________________________________________________________
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 to be 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 honorable and a change to the reentry code.
2. The applicant states, in effect, that his discharge should be categorized as honorable and his RE code should not be a 3 because he lived up to the Army standards.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 14 May 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: A Troop, 15th Sqdn, 5th Cavalry Rgt, Fort Benning, GA
f. Current Enlistment Date/Term: 14 January 2013, 3 years and 18 weeks
g. Current Enlistment Service: 0 years, 2 months, 19 days
h. Total Service: 0 years, 2 months, 19 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-1
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: None
t. Counseling Statements: None
u. Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the Regular Army on 14 January 2013, for a period of 3 years and 18 weeks. He was 21 years old at the time and a high school graduate. He was attending basic training at Fort Benning, GA when his separation was initiated. His record does not contain any awards or significant achievements.
SEPARATION FACTS AND CIRCUMSTANCES
1. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the applicant provided a document which indicates that on 21 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 for sleeping during classroom instruction, writing a letter when he should have been cleaning, refusing to participate in training and showing up unshaven on several occasions. The unit commander recommended the applicants separation from the Army with an uncharacterized discharge and advised the applicant of his rights.
2. The applicants election of rights and the separations authority approval documentation are not contained in the applicants available record.
3. 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 also shows a Separation Program Designator (SPD) code of JGA and a reentry (RE) code of 3.
4. On 29 March 2013, HQDA, US Army Installation Management Command, Fort Benning, GA, Orders Number 088-2237, discharged the applicant from the Army effective 2 April 2013.
5. The applicants record does not contain any evidence of unauthorized absences or time lost.
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 a memorandum of notification for a Chapter 11 discharge which was dated 21 March 2013, a DD Form 214, and a DA Form 268 (Flagging Action).
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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct.
4. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JGA" will be assigned a RE Code of 3.
DISCUSSION AND RECOMMENDATION:
1. The applicants request for an upgrade of the characterization of his discharge and a change to the reentry code was carefully considered. However, after examining the applicants military records, the documents, and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for the separation.
2. The applicants available record does not contain the discharge packet; however, the applicant provided the unit commanders notification of intention to separate him from the Army. It shows the applicant was being discharged for sleeping during classroom instruction, writing a letter when he should have been cleaning, refusing to participate in training and showing up unshaven on several occasions.
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 requests an upgrade of his discharge to fully honorable and a change to the reentry code. However, the applicant was discharged while in 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.
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 applicant was not in the Army long enough for his character of service to be rated as honorable or otherwise.
5. Moreover, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.
6. Therefore, based on the available evidence and the documents provided with the application, the reason for discharge and the characterization of service appear to be proper and equitable, thus recommend the Board deny relief.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date: 28 June 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 UOTH - Under Other Than Honorable
ADRB Case Report and Directive (cont) AR 20130009774
Page 2 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
1
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