AR20140003005

IN THE CASE OF: Mr.

BOARD DATE: 21 January 2015

CASE NUMBER: AR20140003005
___________________________________________________________________________

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, his recovery and subsequent ability to pass his physical fitness test failed, in terms of timeliness, to satisfy his commanding officer. The applicant contends, he was told by the Fort Benning Transition Office that his uncharacterized discharge would automatically change to honorable within 12 months.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 10 February 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 17 June 2010
d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct,
AR 635-200, Chapter 11, JGA, RE-3
e. Unit of assignment: B Company, 2d Battalion, 47th Infantry
Regiment, 192d Infantry Regiment, Fort
Benning, GA
f. Current Enlistment Date/Term: 8 March 2010/6 years
g. Current Enlistment Service: 3 months, 10 days
h. Total Service: 3 months, 10 days
i. Time Lost: None
j. Previous Discharges: USAR, 090828-100307
(Concurrent Service)
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: None
m. GT Score: 131
n. Education: Bachelors Degree
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: N/A
s. Performance Ratings: N/A
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Army Reserve on 28 August 2009 for a period of 6 years. He was
37 years old at the time of entry and a college graduate. He completed 3 months and 10 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Benning, Georgia.
SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 8 June 2010, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 11, by reason of entry level performance and conduct. More specifically, the inability to pass the Army Physical Fitness Test required to complete Basic Combat Training.

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

3. On 8 June 2010, the applicant consulted with legal counsel, waived his right to consult with legal counsel, was advised of the impact of the discharge action, and elected not to 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 9 June 2010, 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 17 June 2010 with an uncharacterized discharge.

6. The applicants record does not contain any evidence of unauthorized absences or time lost.

7. The applicants record is void of the circumstances leading to his reduction in grade from
E-4 to E-3.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Eight negative counseling statements, dated between 17 April 2010 and 4 June 2010, for failing the Army Physical Fitness Test (APFT), initiation of separation proceedings, and a referral to the Reserve Component Liaison Noncommissioned Officer (RCLNO).

2. Two DA Forms 705 (Army Physical Fitness Test Scorecard) reflect applicant failed seven APFTs.

3. Discharge Orders Number 166-2225, dated 15 June 2010, Headquarters, United States Army Maneuver Center of Excellence, Fort Benning, Georgia, discharged the applicant from the Army Reserve effective 17 June 2010.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 29 January 2014, and a DD Form 214 covering the period of service under review.

POST-SERVICE ACTIVITY:

None were 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 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, 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 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 his recovery and subsequent ability to pass the APFT was not fast enough for his commanding officer. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicants discharge is commensurate with his overall service record.

6. The applicants issue about an upgrade based on the time that has elapsed since the discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable.

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: 21 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) AR20140003005

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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