IN THE CASE OF: Mr. BOARD DATE: 31 October 2014 CASE NUMBER: AR20140000155 ___________________________________________________________________________ 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 APPLICANT’S REQUEST AND STATEMENT: 1. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board will consider the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant did request a change to his reentry eligibility (RE) code. 2. The applicant states, in effect, that his discharge was inequitable and based on a cellular phone incident and not all separation regulations policies, and or guidelines were followed. The applicant contends he completed all training requirements in order to successfully succeed and graduate from basic training. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 26 December 2013 b. Discharge received: Uncharacterized c. Date of Discharge: 27 September 2013 d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11, AR 635-200, JGA, RE-3 e. Unit of assignment: F Co, 2nd BN, 39th IN, Fort Jackson, SC f. Current Enlistment Date/Term: 2 July 2013, 3 years and 21 weeks g. Current Enlistment Service: 2 months, 26 days h. Total Service: 2 months, 26 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 94 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM 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 2 July 2013, for a period of 3 years and 21 weeks. He was 18 years old at the time of entry and a high school graduate. He was attending training at Fort Jackson, SC when his separation was initiated. His record documents no acts of valor or significant achievements. He completed 2 months and 26 days of active military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 17 September 2013, 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 the military environment due to behavioral characteristics that were not in compliance with satisfactory service, which prevented the successful completion of basic combat training (BCT). 2. Based on the above misconduct, the unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised him of his rights. 3. On 17 September 2013, 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 applicant’s discharge and waiver of further rehabilitative efforts. 4. On 17 September 2013, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 5. The applicant was discharged from the Army on 27 September 2013, 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 applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A statement from the applicant dated 11 September 2013, stating in effect, he agreed 100 percent with the actions being taken against him. He let down his DS, platoon, and chain of command. He understood he lacked the Army values. He will take the training that he received and apply it as a civilian to better himself. When he thinks he is able and ready to be a Soldier he will reenlist and do his best to live the Army values. 2. Three counseling statements dated 11 September 2013, recommending the applicant for separation under the provisions of Chapter 11. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a self-authored statement, letters of recommendation (5), a copy of his separation packet, separation counseling (3), his statement prior to discharge, individual training record for basic combat training (BCT), copy of Army Physical Fitness Test Scorecard, copy of his photo, and a copy of his DD Form 214 for 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 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, entry level performance and conduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 2. After examining the applicant’s 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 and RE code. 3. The evidence of record confirms the applicant’s 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 applicant’s overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s 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. 4. The applicant contends his discharge was inequitable and based on a cellular phone incident. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was inequitable. In fact, evidence shows in the developmental counseling form dated 11 September 2013, from DS H., the applicant was given the opportunity to take a red phase re-start so he would have the opportunity to reinforce his understanding of Army values. He informed the battalion commander he did not want that and that he would rather receive a Chapter 11 and be separated. 5. 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 Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. 6. 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 applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. 7. Furthermore, the record does not contain any indication or evidence of arbitrary or capricious actions by the command. The character of the applicant’s discharge is commensurate with his overall service record. 8. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist. 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. 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. 9. 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: 31 October 2014 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) AR20140000155 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1