IN THE CASE OF:  	Mr.

      BOARD DATE:  	11 April 2014

      CASE NUMBER:  	AR20130013112
___________________________________________________________________________

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 APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from uncharacterized to honorable; a change to the narrative reason, separation program designator (SPD) code and the reentry eligibility (RE) code.  

2.  The applicant states, in effect, his separation should reflect hardship and the characterization of service should be honorable, separation program designator code should reflect hardship and the reentry eligibility (RE) code should be changed to allow him to enlist.  His family hardship issue has been resolved.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		16 July 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			31 August 2011
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11 						AR 635-200, JGA, RE-3
e. Unit of assignment:			Bravo Battery, 1st Battalion, 40th Field Artillery,
43rd Field Artillery Brigade, Fort Sill, OK
f. Current Enlistment Date/Term:  	1 August 2011, 3 years, 22 weeks
g. Current Enlistment Service:  	1 month 
h. Total Service:			1 month 
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	None
m. GT Score:				96
n. Education:				HS Grad
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's record shows he enlisted in the Regular Army on 1 August 2011, for a period of 3 years and 22 weeks; he was 21 years old at the time and a high school graduate.  At the time his discharge proceeding were initiated he was serving at Fort Sill, OK.  He served for
1 month and his record document no acts of valor or significant achievements.  




SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows 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 displaying a lack of motivation, self discipline and continued unsatisfactory performance and should not remain in the military.  He has become a training distracter; refusing to train which is mandatory training needed to graduate BCT; and failed to adapt to military standards. 

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

3.  On 22 August 2011, 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 24 August 2011, 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 31 August 2011, 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

1. Two counseling statements dated 20 August 2011 and 11 August 2011, that indicate the applicant’s unit commander was recommending his discharge from the Army under the provisions of AR 635-200, Chapter 11, by reason of entry level performance and conduct with an uncharacterized discharge; and for disobeying a noncommissioned officer, a senior noncommissioned officer, and a commissioned officer by failing to obey order or regulation.

2.  Company Grade Article 15 issued on 16 August 2011, for willfully disobeying a lawful order from a noncommissioned officer (110811).  The punishment consisted of forfeiture of $316.00 pay and 14 days of extra duty. 

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293 dated 11 July 2013, a self-authored statement, NGB Form 22-3, Request for Waiver dated 21 May 2013, State of Illinois Department of Veterans Affairs Claim Form dated 11 July 2013, USAREC Form 1037, Probation Officer and/or Court Records Report dated 14 August 2013.   


POST-SERVICE ACTIVITY: 

The applicant did not provide any 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.  An honorable discharge 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, for 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 a RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge from uncharacterized to honorable; a change to the narrative reason and separation program designator (SPD) code and the reentry eligibility (RE) code was carefully considered.  However, after examining the applicant’s record of service 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 separation.  

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 the Soldier has not been in the Army long enough for the character of service to be rated as honorable or otherwise.  

4.  The applicant contends that he would like an upgrade of his discharge to honorable conditions so that he can join the Illinois Army National Guard and make it a career.  However, 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 characterization. 

5.  Moreover, Soldiers being processed for separation are assigned reentry codes and separation program designator 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 reason, the SPD code or 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 continue to 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.  The records show the proper discharge and separation authority procedures were followed in this case.

7.  Therefore, the reason for discharge, to include the SPD code, the RE code, 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:  11 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)		AR 20130013112		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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