IN THE CASE OF:  	Mr. 

      BOARD DATE:  	14 May 2014

      CASE NUMBER:  	AR20130014659
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiner’s 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 a change to the characterization of his service to honorable and a change in the narrative reason to reflect a service connected disability.  

2.  The applicant states, in effect, that he sought help from both military and civilian providers in an effort to remain on active duty and further states he was denied a physical exam which would have allowed a medical separation.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			7 August 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				18 January 2002
d. Reason/Authority/SPD/RE Code:		Entry Level Performance and Conduct, 
AR 635-200, Chapter 11, JGA, RE-3
e. Unit of assignment:				Retraining and Holding Unit, Training Support
Battalion, USAMANSCEN, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:		20 September 2001, NIF
g. Current Enlistment Service:		3 months, 29 days
h. Total Service:				3 months, 29 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		None
m. GT Score:					NIF
n. Education:					HS Grad
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
r. Administrative Separation Board: 		No
s. Performance Ratings:			NIF
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 20 September 2001, the term of his enlistment agreement is not in the available record.  He was 22 years old at the time of entry and a high school graduate.  He was assigned to the Retraining and Holding Unit, Training Support
Battalion, USAMANSCEN, Fort Leonard Wood, MO; when his separation proceedings were initiated.  His record documents no acts of valor or significant achievements.   At the time of his separation the applicant completed 3 months, and 29 days of active duty service.  

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 the applicant refused to sign.  

2.  The DD Form 214 indicates that on 18 January 2002, 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 of service 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 available record does not show any record of actions under the UCMJ or unauthorized absences or time lost.

4.  On 17 January 2002, DA, HQDA US Army Maneuver Support Center, Fort Leonard, MO, issued Orders Number 017-0356, which discharged the applicant from the Army effective 18 January 2002.

5.  Additionally, it is noted the applicant submitted a copy of the commanders notification memorandum which shows on 11 January 2002, 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 refusing to train, failing to adapt to military life and to follow the Army core values, lacking self discipline and the motivation necessary to complete basic combat training.  

6.  Based on the above entry level performance and conduct, the unit commander recommended an uncharacterized discharge.

7.  On 11 January 2002, separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 

8.  The applicant was separated on 18 January 2002, under Army Regulation 635-200, Chapter 11, with an uncharacterized discharge, an SPD code of JGA, and an RE code of 3.  The record also shows 6 days of excess leave from (011229 to 020103).     

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The applicant’s record is void of the complete facts and circumstance; however, the applicant submitted a copy of his two counseling statements dated between 6 December 2001 and 7 December 2001, for intent to recommend him for separation, IAW AR 635-200, Chapter 11, entry level performance and conduct and for ELS counseling. 
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 dated 5 August 20013, self authored statement dated 8 May 2013, DD Form 214, Letter from the AG, Letter for LT A, Letter from CPT T, Letter from SGM M, fifty seven pages with various dates of medical evidence; two memorandums showing how they avoided a medical discharge and a VA decision rating dated 13 June 2013, partial separation packet with counseling statements dated between 6 December 2001 and 7 December 2001.

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.  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, 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his service to honorable, a change to the narrative reason and the authority for separation to medical (i.e., service connected disability) was carefully considered.  However, after examining the applicant’s available military records, the issue and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant refused to sign.  This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.  The regulations 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 before his discharge, he sought every bit of help that could be found both civilian and military. Including accepting a week 5 NSO transfer which later was denied by command based on a Physical Therapist Letter.  Only to be told later by JAG, once his command has made a decision even if his medical shows a medical discharge is necessary.   The applicant's contentions were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. 

5.  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 any evidence to support a change to the 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.  

6.  The applicant contends that his narrative reason for separation should be changed to medical because it is not appropriate.  However, the applicant was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct” and separation code is "JGA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

7.  If the applicant desires a personal appearance hearing, it will be his 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.

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:  14 May 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)		AR20130014659



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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