AR20140001554

IN THE CASE OF: Mr.

BOARD DATE: 10 December 2014

CASE NUMBER: AR20140001554
___________________________________________________________________________

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 to upgrade the characterization of his service from uncharacterized to general, under honorable conditions.

2. The applicant states, in effect, he was never provided the opportunity to improve his performance.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 16 January 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 22 May 2007
d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200,
Chapter 11, JGA, RE-3
e. Unit of assignment: Co E, 30th AG, 192nd Infantry Bde, Fort Benning, GA
f. Current Enlistment Date/Term: 11 January 2007, 3 years, 16 weeks
g. Current Enlistment Service: 0 years, 4 months, 12 days
h. Total Service: 0 years, 4 months, 12 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: None
m. GT Score: 88
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 record shows the applicant enlisted in the Regular Army on 11 January 2007, for a period of 3 years and 16 weeks. He was 19 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 4 months and 12 days of active duty.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 9 May 2007, 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 being AWOL on two occasions (070209-070302 and 070305-070507), and for unwilling to socially and mentally adapt to military life, refusal to participate in training, and failing to comply with Army Regulations and policies.

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

3. On 9 May 2007, 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 the applicants discharge and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge

4. On 11 May 2007, the separation authority waived further rehabilitation and directed the applicants separation from the Army with an uncharacterized discharge.

5. The applicant was separated from the Army on 22 May 2007, with an uncharacterized discharge.

6. The applicants service record does show any evidence of unauthorized absences or time lost, although the unit commander cited two instances of being AWOL as basis for his discharge.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Article 15, dated 8 May 2007, for being AWOL on two separate occasions (070209-070302 and 070305-070507). The punishment consisted of a reduction to the grade of E-1, forfeiture of $280, and 14 days of extra duty and restriction, (CG).

2. Two negative counseling statements, dated 8 May 2007 and 9 May 2007, for being AWOL for a total of 75 days; refusing to participate in training; lacking motivation; lacking self-discipline; unwillingness to act as a team player; being recommended for an entry level separation; and being recommended for an Article 15 action.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

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. 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 180days of continuous active duty service.

2. Chapter11 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 applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants record of service, and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

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

5. The applicant contends he was never provided the opportunity to improve. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer would serve no useful purpose or produce a quality Soldier. Further, the evidence of the record indicates the applicant was on AWOL status on two separate occasions. Although he did not indicate any reasons or issues that affected his behavior and ultimately caused him to be discharged, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the two separate incidents of misconduct which led to the separation action under review.

6. In view of the foregoing, the records show the proper discharge and separation authority procedures were followed in this case.

7. 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: 10 December 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) AR20140001554

Page 5 of 5 pages

ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

1