AR20140000219

IN THE CASE OF: Ms.

BOARD DATE: 31 October 2014

CASE NUMBER: AR20140000219
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of her uncharacterized discharge to honorable and a change to the narrative reason for separation.

2. The applicant states, in effect, she was injured during a training exercise and the physical therapist recommended she be discharged, because she could not heal in a training environment; she did not fail due to conduct, but because of an injury.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 23 December 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 22 February 2005
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3
e. Unit of assignment: A Co, 1-48th Infantry, 3rd Training Brigade, Fort Leonard Wood, MO
f. Current Enlistment Date/Term: 7 October 2004, 4 years
g. Current Enlistment Service: 4 months, 16 days
h. Total Service: 4 months, 16 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: None
m. GT Score: NIF
n. Education: HS Graduate
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 7 October 2004, for a period of 4 years. She was 27 years old at the time of entry and a high school graduate. Her does not contain any evidence of acts of valor or meritorious achievements. She was attending basic training at Fort Leonard Wood, MO, when her separation was initiated.

SEPARATION FACTS AND CIRCUMSTANCES

1. The evidence of record shows on 17 February 2005, 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 for failing to adapt to military life, lacking self-discipline and motivation to become an effective Soldier, and failing to meet basic training requirements.

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

3. On 17 February 2005, the applicant was afforded the opportunity to consult with legal counsel and declined the opportunity to do so, was advised of the impact of the discharge action and did not indicate if a statement was submitted on her own behalf. The unit commander subsequently recommended the applicants discharge and waiver of further rehabilitative efforts.

4. On 17 February 2005, the separation authority waived further rehabilitation and directed the applicants separation from the Army with an uncharacterized discharge.

5. The applicants service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD

The record contains three counseling statements, dated between 26 January 2005, and 1 February 2005, recommending separation action under Chapter 11, AR 635-200.

EVIDENCE SUBMITTED BY THE APPLICANT

The applicant provided a DD Form 293, a report of medical history (three pages), a report of medical examination (three pages), chronological record of medical care (two pages), screening note of acute medical care, and a chapter physical (four pages).

POST-SERVICE ACTIVITY:

The applicant did not provide any information with her 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 an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of her discharge and a change to the narrative reason for separation was carefully considered. However, after examining the applicants record of service, the documents 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 separation.

2. The evidence of record confirms the applicants 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 applicants overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her characterization 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 Soldiers service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.

4. 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 applicants service record indicates no such unusual circumstances were present and did not warrant an honorable discharge.

5. The applicant requested a change to the narrative reason for separation to include the RE code. However, 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. The regulation further stipulates that no deviation is authorized.

6. The applicant contends she was injured during a training exercise and the physical therapist recommended discharge, because she could not heal in a training environment; she did not fail due to conduct, but because of an injury. The record shows the applicant was discharged for failing to adapt to military life, lacking self-discipline and motivation to become an effective Soldier, and failing to meet basic training requirements.

7. Further, the applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention she discharged due to being injured in training.

8. Also, the service record does not support the applicants contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.

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

10. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 31 October 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) AR20140000219

Page 6 of 6 pages

ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

1