IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 April 2014

      CASE NUMBER:  	AR20130012325
___________________________________________________________________________

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, that he is receiving VA disability for an injury that he received while in basic training.  He was dismissed because of this reason.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 July 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			15 May 2012
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11, 						AR 635-200, JGA, RE-3
e. Unit of assignment:			D Company, 3rd Battalion, 47th Infantry Regiment, 						Fort Benning, GA		
f. Current Enlistment Date/Term:  	5 March 2012, 3 years, 30 weeks
g. Current Enlistment Service:  	2 months, 11 days
h. Total Service:			2 months, 11 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				126
n. Education:				14 years
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes 
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 5 March 2012, for a period of 3 years and 30 weeks.  He was 20 years old at the time and had 14 years of education.  He was attending basic training at Fort Benning, GA, when his separation was initiated.  At the time of his notification he had completed 72 days of continuous active duty service.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 4 May 2012, 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; specifically for: 
	a.  being unable to meet the minimum standards prescribed for successful completion of     training because of lack of aptitude, ability, motivation, and self-discipline, 

	b.  failing numerous Army Physical Fitness Test and 

	c.  having character and behavior characteristics that are not compatible with satisfactory continued service and having failed to respond to counseling.

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

3.  On 4 May 2012, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  

4.  On 8 May 2012, the separation authority waived further rehabilitation and directed the applicant’s release from active duty with an uncharacterized discharge.

5.  The applicant was separated from the Regular Army on 15 May 2012, with an uncharacterized discharge.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

Numerous counseling statements covering the period 18 April 2012 through 2 May 2012, for failure to live the Soldiers Creed and Warrior Ethos, disregards for the Army Value, Respect,
displayed a lack of motivation, by displaying emotions of not wanting to be here after being counseled, non-completion of mandatory training, inability to complete training requirements for graduation, and recommendation for ELS for the Soldier’s failure to adapt.

EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293, DD Form 214, and documents from the Department of Veterans Affairs.

POST-SERVICE ACTIVITY: 

None were listed by 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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his 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 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.  

3.  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 character of service to be rated as honorable or otherwise.  

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 that he injured himself during basic training and does not believe the noted reason for his separation and characterization are appropriate for the injury he sustained while in the Army.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any injury.  

6.  The applicant provided documentation showing the Veterans Administration has granted him a service connected disability.  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  Moreover, the applicant’s record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  The record contains several counseling statements that validate the applicant’s lack of aptitude, ability, motivation, self-discipline, and failed numerous Army Physical Fitness Test.

7.  However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

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

9.  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:  4 April 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)		AR20130012325



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1