IN THE CASE OF:	Ms. 

      BOARD DATE:	11 December 2013

      CASE NUMBER:	AR20130010000
___________________________________________________________________________

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 to upgrade her uncharacterized service to fully honorable, and to change the narrative reason for her discharge.

2.  The applicant states, in effect, she desires her DD Form 214 changed to reflect an honorable discharge and the correct reason for her discharge, which was due to medical reasons.  She was discharged due to injuries sustained during training which prevented her from passing her APFT.  She was advised by her superiors that a discharge under Chapter 11 would allow her to go home sooner, instead at seeking a medical discharge and her service would be considered as honorable.  At the age of 18, she was ready to move on with her life and began a career, and agreed to be discharged under Chapter 11.  She sought a VA loan, but was disapproved because of the reason on her DD Form 214, which states the reason as an entry level performance and conduct and it is not the case at all.  She was seen on sick call at Fort Sill, and was given crutches to use for walking until she was discharged.  She does not have the sick call slip, but has two reference letters from the chaplain and a SSG, which she would submit with her application.  The letters clarify the actual reason for her discharge was due to injuries, and not conduct or performance. 

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 May 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	2 February 2001
	d.	Reason/Authority/SPD/RE Code:	Entry Level Performance and Conduct, AR 635-200 
			Chapter 11, JGA, RE-3
	e.	Unit of assignment:	D Btry, 1st Bn, 22nd FA, Fort Sill, OK
	f.	Current Enlistment Date/Term:	25 August 2000, 4 years
	g.	Current Enlistment Service:	0 years, 5 months, 8 days
	h.	Total Service:	0 years, 5 months, 8 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:	NIF
	u.	Prior Board Review:	No



SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 25 August 2000, for a period of 4 years.  She was 18 years old at the time of entry and was a high school graduate.  She was attending basic training at Fort Sill, OK, when her separation 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.  However, 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 11, AR 635-200, with the reason specified as entry level performance and conduct, and the characterization described as uncharacterized.  The DD Form 214 shows a Separation Program Designator (SPD) code of JGA and a reentry (RE) code of 3.  

3.  The applicant’s record does not show any record of actions under the UCMJ or unauthorized absences or time lost.

4.  On 1 February 20010, HQDA USA Field Artillery School and Fort Sill, Fort Sill, OK, Orders Number 032-0067, discharged the applicant from the Army effective 2 February 2001.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements or any UCMJ action in the record.

EVIDENCE SUBMITTED BY THE APPLICANT:

1.  The applicant provided a copy of her report of medical examination, dated 14 July 2000, which indicates, in pertinent part, an abnormality of her feet, further diagnosed as mild asymptomatic pes planus, and report of medical history, dated 14 July 2000.

2.  The applicant stated, in effect, she had two reference letters from the chaplain and a SSG, which she would submit with her application; however, none were submitted.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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 and a change to the narrative reason for her discharge was carefully considered.  However, after examining the applicant’s military records and the issues 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 her discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army.  However, 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.  This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.  The regulation stipulates that 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.

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 contends that she was unfairly discharged because she could not pass the APFT due to a medical condition.  Her contentions were carefully considered; however, the Board is unable to determine whether these contentions have merit because her personnel record does not show any of the facts or circumstances leading to her discharge from the Army.  Moreover, there is a presumption of regularity in the conduct of governmental affairs.  This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced sufficient evidence to support a change to the reason for her discharge and characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further corroborating evidence in support of the request for an upgrade of the discharge or a change to the narrative reason for her discharge.  If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

5.  Regarding the applicant’s contentions that the correct reason for her discharge should reflect she was discharged due to her medical condition on her DD Form 214, 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 and as approved by the separation authority.  The regulation further stipulates that no deviation is authorized.  

6.  Regarding the applicant’s reference to having third party statements, which would clarify the actual reason for her discharge as being due to injuries, and not conduct or performance, they would be considered as statements from persons who were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command.  As such, none of these statements would provide any evidence sufficiently compelling to overcome the presumption of government regularity.

7.  The applicant further contends that a change to the reason for her discharge would allow 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.

8.  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:  11 December 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)		AR20130010000



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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