IN THE CASE OF:  	Ms. 

      BOARD DATE:  	8 January 2014

      CASE NUMBER:  	AR20130011022
___________________________________________________________________________

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 narrative reason for 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 a change to the narrative reason for discharge.

2.  The applicant states, in effect, that her reason for discharge is incorrect.  She contends that while attending AIT she learned she was pregnant with two weeks of training left.  She had planned to stay in the Army as a career, but because of her pregnancy, she could not complete her training and was discharged.  She was told at the time that there was no choice in the matter and that she would be separated from the Army.  However, her DD Form 214 states her separation was voluntary.  However, documents in her separation packet show she was physically unable to perform.  She would like her DD Form 214 to reflect other than inability to adapt.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 June 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			3 September 1998
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11 						AR 635-200, JGA, RE-3
e. Unit of assignment:			T Co, 266th QM Bn, 23rd QM Bde, Fort Lee, VA
f. Current Enlistment Date/Term:  	5 March 1998, 4 years
g. Current Enlistment Service:  	0 years, 5 months, 29 days
h. Total Service:			0 years, 5 months, 29 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	92G10, Food Service Specialist
m. GT Score:				110
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
a. Prior Board Review:			No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 5 March 1998, for a period of 4 years.  She was 19 years old at the time of entry and a high school graduate.  She was attending training at Fort Lee, VA, when her separation was initiated.  She record documents no acts of valor or significant achievements.



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.  

2.  However, documents submitted by the applicant show that on 20 August 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, paragraph 11-3b, AR 635-200, by reason of entry level performance and conduct because of her pregnancy. 

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

4.  On 21 August 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own behalf.  The unit commander's subsequent recommendation was not found in the available record.

5.  On 26 August 1998, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge due to pregnancy.

6.  The applicant was discharged from the Army on 3 September 1998, with an uncharacterized discharge under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct, with a Separation Program Designator code (SPD) of JGA and an RE code of 3. 

7.  The applicant’s service 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 available records.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application and a copy of her separation packet.

POST-SERVICE ACTIVITY: 

None were 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.

4.  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, entry level performance and conduct.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3.

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, 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 or 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.  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.  The applicant contends her reason for discharge is incorrect because she was discharged due to of her pregnancy and that she could not complete her training.  However, in accordance with Chapter 11, paragraph 11-3b, AR 635-200, enlisted women who become pregnant will be involuntarily separated under this chapter when the training activity commander with separation authority, in conjunction with the medical officer (obstetrician) determines they cannot fully participate in required training.  The evidence of record shows that on 25 August 1998, the Commander, US Army Medical Department Activity, Fort Lee, VA, indicated in a memorandum, that the applicant had tested positive for pregnancy.  In accordance with AR 635-200 she was unable to participate in Advance Individual Training (AIT) because of the physical limitation of her profile.  She must be voluntarily separated under Chapter 11-3b.  

6.  Furthermore, 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, paragraph 11-3, entry level performance and conduct.  The regulation further stipulates that no deviation is authorized.  

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

8.  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:  8 January 2014     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)		AR20130011022



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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