Applicant Name: Application Receipt Date: 2007/10/31 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant in fact states. "I was experiencing lower leg discomfort because of running in the wrong shoes in BasicTraining (had to wear running shoes given). Mentioned it to medical Commander that I had this problem with shoes a few years earlier, but fixed issue when I began wearing proper foot wear. Commander requested medical records from past incident. Upon receiveing records, commander stated the Army can't fix issue because Army didn't cause it. I was given choice to stay (w/injury) or go home; I chose home. Presently, I'm trying to reenter the military. I was approved reentry, but denied a job requiring a security clearance because my DD 214 states my departure was "ENTRY LEVEL PERFORMANCE AND CONDUCT". If this is changed to medical discharge, or whatever the correct wording for my departure, I would be able to enlist and serve my country in the field I feel I'm most suited (which requires a security clearance). The false wording of "conduct" is preventing me from getting a trusting job for which I feel I'm qualified. I would also like to mention that I went through 9 months of the reentry process to get let down at the very end because of this discrepancy on my DD Form 214. I'm requesting an expedited review for I've already done everything (medical, waivers, interviews, testing, etc...) for the last 9 months, to just get let down at the end." See additional statement provided by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 040709 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: D Co, 2-54 Infantry Training Bn, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 33 Current ENL Date: 040301 Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 04Mos, 09Days ????? Total Service: 00 Yrs, 04Mos, 09Days ????? Previous Discharges: USAR 880627-910624/NA Highest Grade: E-3 Performance Ratings Available: Yes No MOS: None GT: 95 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Oakland, CA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with an uncharacterized separation of service. Furthermore, the DD Form 214 shows a Separation Code of JGA (i.e., entry level performance and conduct) with a reentry eligibility (RE) code of 3. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, of this regulation, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status. This provision of the regulation applies to soldiers who can not meet the minimum standards for training, have demonstrated that they are not qualified for retention because they can not adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service. The regulation requires uncharacterized service for separation under this chapter. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit a change to the re-entry code in the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. 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 record does not contain any evidence that the discharge was the result of any medical condition. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals 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. Therefore, the analyst determined the reason for discharge, the re-entry code, and the characterization of service were proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 9 September 2008 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Issue a new DD Form 214 Colonel, U.S. Army Change Characterization to: President, Army Discharge Review Board Change Reason to: Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070015238 ______________________________________________________________________________ Page 1 of 3 pages