AR20140002566

IN THE CASE OF: Mr.

BOARD DATE: 9 January 2015

CASE NUMBER: AR20140002566
___________________________________________________________________________

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 his discharge from uncharacterized to honorable.

2. The applicant states, in effect, he would like an upgrade of his discharge for the purpose of being able to pursue a career with the Wyoming Air National Guard.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 5 February 2014
b. Discharge received: Uncharacterized
c. Date of Discharge: 9 February 2009
d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11, AR 635-200, JGA, RE-3
e. Unit of assignment: E Co, 795th MP Bn, Fort Leonard Wood, MO
f. Current Enlistment Date/Term: 6 November 2008, 5 years
g. Current Enlistment Service: 2 months, 28 days
h. Total Service: 2 months, 28 days
i. Time Lost: 7 days
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: None
m. GT Score: 98
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 6 November 2008, for a period of 5 years. He was 18 years old at the time of entry and a high school graduate. He was attending training at Fort Leonard, MO when his separation was initiated. His record documents no acts of valor or significant achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 29 January 2009, 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 failure to adapt to a military environment (i.e., upon his return from holiday block leave (HBL), he had a fist-sized swastika on his calf; during the commander’s inquiry, he gave a sworn statement indicating his tattoo represented his belief in the “Third Reich;” he stated he would have problems following orders from non-white superiors; when asked if he would remove his tattoo to continue military service, he indicated the he would never remove it). The incendiary symbol and his beliefs were prejudicial to the good order and discipline of his unit and the Army. Further attempts to train were not justified.

2. Based on the above issues, the unit commander recommended the applicants separation from the Army with an uncharacterized discharge and advised him of his rights.

3. On 29 January 2009, the applicant waived his right to legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his on 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. 2 February 2009, the separation authority waived further rehabilitation and directed the applicants separation from the Army with an uncharacterized discharge.

5. The applicant was discharged from the Army on 9 February 2009, with an uncharacterized discharge under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct, with a Separation Program Designator code (SPD) of JGA and an RE code of 3.

6. The applicants service record does not contain any evidence of unauthorized absences or time lost. However, the DD Form 214 under review indicates the applicant had seven days of time loss during the period 27 December 2008 until his return on 2 January 2009. The reason for the time lost is unknown.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. A memorandum for record, dated 15 January 2009, from 1SG M.E.P., proving the results of his formal inquiry into the applicants extremist tattoo.

2. Three negative counseling statements dated between 13 January 2009 and 21 January 2009, for recommendation that the applicant be separated from the Army IAW Chapter 11, AR 635-200.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and four letters of support.

POST-SERVICE ACTIVITY:

None was provided 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.

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, the documents and the issues 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 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 expressed his desire for an upgrade of his discharge for the purpose of being able to pursue a career with the Wyoming Air National Guard. However, 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 is 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. The Board does not grant relief for the purpose of gaining reenlistment eligibility.

6. 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.

7. 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: 9 January 2015 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) AR20140002566

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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