IN THE CASE OF:  	Ms. 

      BOARD DATE:  	10 January 2014

      CASE NUMBER:  	AR20130009818
___________________________________________________________________________

Board Determination and Directed Action

1.  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.  

2.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries.  

3.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:

     a. change block 25, separation authority to AR 635-200, Chapter 11

     b. change block 26, separation code to JGA

     c. change block 28, narrative reason for separation to Entry Level Performance and Conduct




      
      
      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 her uncharacterized discharge to honorable.

2.  The applicant states, in effect, she desires to receive VA benefits to include job placement and housing and she is ineligible with an uncharacterized discharge.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 May 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			25 March 2013
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11, 						AR 635-200, JGA, RE-3
e. Unit of assignment:			A Company, 787th Military Police Battalion, 14th 						Military Police Brigade, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:  	19 November 2012, 5 years
g. Current Enlistment Service:  	4 Months, 6 days
h. Total Service:			9 Months, 20 days
i. Time Lost:				None
j. Previous Discharges:		USAR (120606-121118)/NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				91
n. Education:				Associate’s Degree
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 19 November 2012, for a period of 5 years.  She was 22 years old at the time of entry with an Associate’s Degree.  She was attending basic initial entry training at Fort Leonard Wood, MO when her 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 for being evaluated by medical personnel for pain in her back.  She has had pain in her back since before basic rifle marksmanship (BRM) training.  She stated that this condition continued to worsen over time and her doctor’s assessment is that she will be unable to be successful in training due to this pain.  Her doctor believes that she will not suffer from any long term complications and will heal once she is out of the training environment.  Further, there is no radiographic evidence of any acute injury which limits the ability of medical personnel to determine a treatment program for her.  Based on these reasons he feels it is in the best interest to separate her at this time for failure to adapt.

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

3.  On 11 March 2013, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board (although she was not entitled to a board) 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 12 March 2013, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

5.  The applicant was separated from the Army on 25 March 2013, with an uncharacterized discharge.

6.  The applicant’s 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

The record contains three negative counseling statements, dated 27 February 2013; all of them were for being recommended for Chapter 11, entry level separation. 

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, medical documents (100 pages), and a DD Form 214.

POST-SERVICE ACTIVITY:  

The applicant did not provide any with her 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 her discharge was carefully considered.  However, after examining the applicant’s record of service, her military records, the documents and 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 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 Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  




4.  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.  The applicant desires to receive VA benefits.  However, 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.

6.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  The records show the proper discharge and separation authority procedures were followed in this case.

8.  Furthermore, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214 the reason for separation as failed medical/physical/procurement standards, separation authority as AR 635-200, Chapter 5, paragraph 5-11, and a SPD code of JFW.  However, the separation authority approved the discharge under the provisions of AR 635-200, Chapter 11, for entry level performance and misconduct.

9.  Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief.  However, recommend the Board make the following administrative changes:  

     a.  change block 25, separation authority to AR 635-200, Chapter 11

     b.  change block 26, separation code to JGA

     c.  change block 28, narrative reason for separation to Entry Level Performance and Conduct













SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  10 January 2014     Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  NA

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:		Yes
Change Characterization to:	No Change
Change Reason to:			Entry Level Performance and Conduct
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	AR 635-200, Chapter 11
Other:					Separation Program Designator (SPD) code JGA



















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)		AR20130009818



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1