IN THE CASE OF:	Mr. 

      BOARD DATE:	25 June 2014

      CASE NUMBER:	AR20130014781
___________________________________________________________________________

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 the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge.

2.  The applicant states, in effect, his request is based on his desire to enlist in the Army again or to obtain a good job as a civilian.  He has been offered good jobs, but the general, under honorable conditions discharge and its corresponding codes have prevented him from getting the jobs he applied for.  Army recruiters have informed him that he should have an honorable discharge or at least a general discharge with honorable intentions with a reentry code of a 1 or a 2.  He knows he failed two AIT courses; however, he really tried his best to be the best Soldier he could be.  He feels his prospects in life should not be ruined because of his discharge.  He did nothing criminal.  Since his separation from the Army, he has tried to improve academically by going to tutoring and school.  He is just trying to move on with his life and be a good, hard working American.  If he does not receive an upgrade, he asks to at least change both his separation and reentry codes so he can enlist in the Army, a chance to prove himself and serve his country, and obtain the honorable discharge he desires so badly.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	12 August 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	3 June 2011
	d.	Reason/Authority/SPD/RE Code:	Unsatisfactory Performance, AR 635-200, Chapter 
			13, JHJ, RE-3
	e.	Unit of assignment:	C Co, 169th Bn TR, U.S. Army Maneuver Support 
			Center of Excellence, Fort Leonard Wood, MO / 
			C Co, 169th Engr Bn, 1st Engr Bde, Gulfport, MS
	f.	Current Enlistment Date/Term:	6 September 2010, IADT (USAR, 8 years)
	g.	Current Enlistment Service:	0 years, 8 months, 28 days
	h.	Total Service:	1 year, 3 months, 9 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR (100225-100905) / NA
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	None
	m.	GT Score:	95
	n.	Education:	Associate’s Degree and an additional year of college 
	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 U.S. Army Reserve on 25 February 2010, for a period of 8 years.  He was 24 years old at the time of entry and had three years of college with an Associate’s Degree.  His record documents no acts of valor or significant achievement.  He completed 1 year, 3 months, and 9 days of active duty and reserve service.  The record indicates he was separated at Fort Leonard Wood, MO, with duty station at Gulfport, MS.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record shows that on 19 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, specifically for academic failure.

2.  The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

3.  On 19 May 2011, the applicant waived his right to consult with legal counsel, indicated he understood the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 23 May 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  The applicant was not transferred to the U.S. Army Reserve Control Group.

5.  The applicant was discharged from the Army on 3 June 2011, with a characterization of service of general, under honorable conditions.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Memorandum, dated 14 April 2011, subject: Recommendation for separation of [the applicant], provides a summary of the unit commander’s recommendation to separate the applicant because he failed academically several times while currently in a second MOS, and that he received an Article 15 for leaving base without authorization.

2.  The unit commander’s forwarding memorandum, dated 19 May 2011, indicates the applicant received an Article 15 for going off-based without pass (110411).  The punishment consisted of reduction to the grade of E-1 (suspended), forfeiture of $383 (suspended), 14 days of extra duty and restriction, (CG).  The Article 15 record is not on file.

3.  Three negative counseling statements, dated 15 April 2011 and 18 May 2011, for being referred to a reserve component liaison personnel for Chapter 13 counseling and unsatisfactory performance..

4.  Academic Review Board (ARB) Worksheet Report with Record of Board Action and minutes, dated 1 April 2011, indicates the applicant was counseled on three separate dates:  On 1 April 2011, for third test failure in math exam; 22 March 2011, for 2nd test failure in math exam; and 21 March 2011, for 1st test failure in math exam.  The ARB action shows the board recommended “Attrite/Drop from Course,” and the applicant chose not to make a written statement.

5.  Student Counseling Report with Record of Counseling, dated 21 March 2011, indicates the applicant was counseled for the 1st total test failure.

6.  Student Counseling Report with Record of Counseling, Grade History Report, dated 22 March 2011, indicates the applicant was counseled for the 2nd total test failure.

7.  Student Counseling Report with Record of Counseling, Grade History Report, dated 1 April 2011, indicates the applicant was counseled for the 2nd total test failure.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review.

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.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  

2.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.

3.  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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, “Unsatisfactory Performance.”  

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

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, and the document and 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 his discharge.  

2.  The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service.  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant desires to rejoin the military service and requests to change the narrative reason for his discharge and its corresponding codes.  However, the applicant was separated under the provisions of Chapter 13, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unsatisfactory Performance," and the separation code is "JHJ."  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.  

5.  Furthermore, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 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 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 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  

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:  25 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

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)		AR20130014781

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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