IN THE CASE OF: BOARD DATE: 1 July 2014 CASE NUMBER: AR20140004077 ___________________________________________________________________________ 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 requests a change to the narrative reason for discharge and his reentry (RE) code. 2. The applicant states, in effect, he believes his RE code should be changed because he requested to leave the military on a hardship discharge. He states the narrative reason for his discharge is contradicting. He desires to rejoin the military and serve his country. He states his decision to separate from the military was not related to unsatisfactory performance as indicated by his narrative reason. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 March 2014 b. Discharge Received: Honorable c. Date of Discharge: 12 July 2010 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200 Chapter 13, JHJ, RE-3 e. Unit of assignment: HHB, 434th Field Artillery Brigade, Fort Sill, OK f. Current Enlistment Date/Term: 9 June 2010/3 years, 16 weeks g. Current Enlistment Service: 1 month, 4 days h. Total Service: 2 years, 5 months, 11 days i. Time Lost: None j. Previous Discharges: NIF k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: NIF 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 9 June 2010, for a period of 3 years and 16 weeks. He was 28 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 2 years, 5 months, and 11 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Sill, Oklahoma. As a note, the applicant served 6 years, 10 months, and 16 days in the United States Navy. SEPARATION FACTS AND CIRCUMSTANCES: 1. The service record shows that on an unknown date, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance specifically for: a. not adhering to Army standards of what is expected of him, b. failing to adapt to the soldierization process, c. significant family issues limiting his ability to perform training to complete WTC, and d. inability to fulfill the duties and obligations of a Soldier in the Army. 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 28 June 2010, the applicant declined the opportunity 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 separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge. 4. On 6 July 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service as honorable. 5. The applicant was discharged from the Army on 12 July 2010, with a characterization of service of honorable. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Counseling statement, dated 25 June 2010, for separation recommendation under Chapter 13, AR 635-200, for unsatisfactory performance, due to his unstable, unpredictable, and unacceptable demeanor. The commander noted the applicant had no motivation to continue to train or serve in the military. 2. MEDCOM Form 699-R (Report of Mental Status Evaluation), dated 15 June 2010, reflects the applicant had a clear normal thought process and was mentally responsible. He was diagnosed with a R/O adjustment disorder with depressed mood versus phase of life problems. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 15 February 2014, a DD Form 214 covering the period of service under review, his discharge packet, two DD Forms 214 covering his United States Navy Reserve service, and a honorable discharge certificate, dated 12 July 2010. 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. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. 2. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 3. 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance. 4. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to his narrative reason for discharge and RE code was carefully considered. However, after examining the applicant’s record of service, his military records, 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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the poor duty performance. 3. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 13-2 provides that a commander may separate a Soldier for unsatisfactory performance when it is clearly established that the Soldier will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier; the seriousness of the circumstances is such that the Soldier’s retention will have an adverse impact on military discipline, good order, and morale; the Soldier will likely be a disruptive influence in duty assignments; the circumstances forming the basis for initiation of separation proceedings will likely continue to recur; the Soldiers’ ability to perform duties effectively is unlikely; and, the Soldier’s potential for advancement or leadership is unlikely. 4. The applicant contends that a change in the reason for the discharge and his RE code would allow for his reenlistment. However, 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance. The regulation further stipulates that no deviation is authorized. 5. Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned a RE code of 3. 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 are 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 RE codes if appropriate. 6. The applicant contends his separation from the military was based on hardship. However, he did not provide any corroborating evidence to support he requested to be voluntarily discharged from the military for that reason. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. Therefore, the reason for discharge and RE code being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 1 July 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140004077 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1