Applicant Name: ????? Application Receipt Date: 2009/07/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant request blocks 24, 25, 26, 27, and 28 be changed on his DD Form 214. Also he would like to know if TRADOC Regulation 350-6, pages 43-45 were adhered to regarding his request for Officer Candidate School and get paid for 13.5 days of accrued leave. 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: 090202 Discharge Received: Date: 090217 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: A Co, 2-19th IN Regt, 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: 38 Current ENL Date: 080910 Current ENL Term: 03 Years 13 Weeks/with an approved medical waiver (080813) Current ENL Service: 00 Yrs, 05Mos, 08Days ????? Total Service: 08 Yrs, 02Mos, 23Days Block 12e on the applicant's DD Form 214 total prior inactive service is incorrect, shouild read 05 Yrs, 05 Mos, 18 Days Previous Discharges: RA-900306-920702/HD USAR-920703-930723/NA AT-930724-930826/NA USAR-930827-931215/NA USARCG-931216-971220NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: None GT: 120 EDU: College Grad Overseas: Germany/Southwest Asia (910108-910504) and (920205-920409) (Prior Service) Combat: None Decorations/Awards: NDSM, SWASM-W/3 BSS, ASR, OSR, KLM-Kuwait (All Prior Service) V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant has been employed as a police officer for more than ten years. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 2 February 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, paragraph 11-3, AR 635-200, by reason of entry level performance and conduct for being unable to participate in training throughout most of the training cycle due to his medical condition. On 26 January 2009, medical personnel determined that his medical condition did not warrant disposition through medical channels and recommended that it be disposed through administrative channels, with an uncharacterized discharge. He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with an uncharacterized discharge. On 10 April 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be separated from the Army with an uncharacterized discharge. 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 effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service. The separation policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. 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 military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). 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. Army Regulation 635-200, also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. The analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 11, paragraph 11-3, AR 635-200, by reason of entry level performance and conduct. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct,” the separation code is "JGA," and the reentry code is "RE 3". Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Regarding the applicant's issue of being paid for 13.5 days of accrued leave, this issue does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board can be obtained online or from the Veterans Administration. Concerning the applicant's issue that regulatory guidance was not adhered to concerning his request for Officer Candidate School. The issue is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance. Therefore, the analyst determined that the reason for discharge, characterization of service to include the separation authority, separation (SPD) code, and the reentry eligibility (RE) code were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted a DD Form 149 with the following documents: a Self Authored Statement; three (3) Congressional Letters, dated (090521), (090513), (090329); two (2) DD Forms 214, dated (090217) and (920702); TRADOC Regulation 350-6, pages 43-45; Leave and Earrning Statement (1-31 Jan 09) and 1-28 Feb 09); Active Duty Orders 8254007; Training Reservation Completion, 2 pages; Personal In Nature, 1 page; Certificate of Training; Warrior Transition Course Diploma; three (3) Fort Benning Sick Slips, dated (090126), (090120), (No date); New England Baptist Hospital, MRI Lumbar Spine Result, dated (0612); two (2) Develpomental Counseling Statements, dated (090202), (090202); and Unit Commander's Notification Memorandum, dated (090202). 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 Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090011789 ______________________________________________________________________________ Page 2 of 3 pages