IN THE CASE OF: Mr. BOARD DATE: 6 February 2015 CASE NUMBER: AR20140004610 ___________________________________________________________________________ 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 reentry code. 2. The applicant states, in effect, he received several certificates while in the military. He states, he was a good Soldier and did not have any medical issues. He was an immigrant with less than six months of experience living in the US. He gave the utmost effort in learning the language as fast as possible but several factors hindered his success. He further states it was a culture shock having to live without his family and friends for support. This placed a tremendous amount of stress on him which affected his performance. He desires to reenter the military and is more than determined to fulfill his obligation and duty now that his English has greatly improved. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 March 2014 b. Discharge Received: Honorable c. Date of Discharge: 15 December 2011 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: RHU, 120th AG Battalion (Rec), Fort Jackson, SC f. Current Enlistment Date/Term: 7 April 2011/8 years g. Current Enlistment Service: 8 months, 14 days h. Total Service: 8 months, 14 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 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: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 April 2011, for a period of 8 years. He was 29 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 8 months and 14 days of creditable military service. When his discharge proceedings were initiated, he was serving in Fort Jackson, SC. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows on 6 December 2011, 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. lacking the necessary motivation, adaptability, self-discipline, ability, or attitude to become a productive Soldier, b. failing to satisfactorily participate in the 09L program, complete homework assignments, pass tests, participate in study hall, or attend class since his arrival on 7 April 2011. 2. The unit commander recommended a honorable discharge and advised the applicant of his rights. 3. On 6 December 2011, 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 separation from the Army and waiver of further rehabilitative efforts. 4. On 6 December 2011, the separation authority waived further rehabilitation and directed the applicant’s separation from the military with an honorable discharge. The applicant was not transferred to the U.S. Army Reserve Control Group. 5. The applicant was discharged from the Army on 15 December 2011, with an honorable discharge. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Order Number 347-1316, dated 13 December 2011, DA, Headquarters, US Army Training Center and Fort Jackson, Fort Jackson, SC, discharged the applicant from the IRR Control Group, effective 15 December 2011. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 5 March 2014, a DD Form 214, a self-authored statement, a equivalency report, dated 29 June 2011, a certificate of appreciation, a certificate of achievement, a certificate of appreciation, and a letter of recommendation from Mr. G, dated 4 November 2011. 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, 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 the narrative reason for discharge and reentry 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 record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 3. The applicant contends that a change in the reason for the discharge and his reentry 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. 4. Further, 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 reentry eligibility (RE) codes if appropriate. 5. The applicant contends he experienced culture shock while at Fort Jackson, SC away from the support of his family and friends and that affected his behavior and ultimately caused him to be discharged. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. 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: 6 February 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) AR20140004610 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1