AR20140002984

IN THE CASE OF: Mr.

BOARD DATE: 14 January 2015

CASE NUMBER: AR20140002984
___________________________________________________________________________

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 uncharacterized discharge to honorable.

2. The applicant states, in effect, he would like to pursue college, is a 40 percent disabled veteran, and would like to apply for vocational rehabilitation to receive funding to pursue a degree. The applicant did not present any issues of equity or propriety for the Board to consider.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 11 February 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 8 December 2011
d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct
AR 635-200, Chapter 11, JGA, RE-3
e. Unit of assignment: C Company, 2-47th Infantry Regiment
Fort Benning, GA
f. Current Enlistment Date/Term: 12 July 2011/3 years, 30 weeks
g. Current Enlistment Service: 4 months, 27 days
h. Total Service: 4 months, 27 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: None
m. GT Score: 104
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: NA
s. Performance Ratings: NA
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 12 July 2011, for a period of 3 years and 30 weeks. He was 18 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 4 months and 27 days of active duty service. When his discharge proceedings were initiated, he was in basic training at Fort Benning, Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 1 December 2011, 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 lack of aptitude and self-discipline by failing the APFT.

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

3. On 1 December 2011, the applicant waived his right to consult with legal counsel, was advised of 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.

4. On 2 December 2011, 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 8 December 2011, with an uncharacterized discharge.

6. The applicants record of service does not show any unauthorized absences or actions under the UCMJ.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

Several negative counseling statements, dated between 20 July 2011 and 28 November 2011, for initial ELS counseling, recommendation of Chapter 11 discharge for inability to conform to military standards, inability to accept the soldierization process and lack of aptitude and self discipline to pass several APFTs.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 7 February 2014, and a DD Form 214.

POST-SERVICE ACTIVITY:

The applicant did not provide any in support of his 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 180days 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, 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 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 that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran’s benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
6. 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: 14 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) AR20140002984

Page 5 of 5 pages

ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

1