IN THE CASE OF: Ms. BOARD DATE: 27 February 2015 CASE NUMBER: AR20140005626 ___________________________________________________________________________ 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 an upgrade of her uncharacterized discharge to general, under honorable conditions and a change to the narrative reason. 2. The applicant states, in effect, she was not in a good place at the time of her discharge and was given misinformation about her obligation to return to base after her convalescent leave. While on leave she became involved with an abusive man and became pregnant. She further states, she was in fear for her safety and contacted her drill sergeant for help and was told to “stay gone.” Since her discharge she has gotten married and would like to use her veteran benefits, such as medical and educational benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 5 September 2007 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200, JGA, RE-3 e. Unit of assignment: 120th AG Battalion, Fort Jackson, SC f. Current Enlistment Date/Term: 20 September 2005/4 years g. Current Enlistment Service: 7 months, 13 days h. Total Service: 7 months, 21 days i. Time Lost: 488 days j. Previous Discharges: DEP, 050912-050919, NA k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 105 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 20 September 2005, for a period of 4 years. She was 18 years old at the time of entry and a high school graduate. Her record is void of any significant acts of valor and achievement. She completed 7 months and 13 days of active duty service. When her discharge proceedings were initiated, she was serving in Fort Sill, OK. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 20 July 2007, 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 being AWOL from 26 February 2006 until 29 June 2007. 2. The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of her rights. 3. On 20 July 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own behalf. The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts. 4. On 17 August 2007, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 5. The applicant was separated from the Army on 5 September 2007 with an uncharacterized discharge. The record shows the applicant had 48 days of excess leave from 20 July 2007 until 5 September 2007. 6. The applicant’s record of service shows a period of AWOL for 488 days from 27 February 2006 until her apprehension by the civilian authorities and returned to military control on 29 June 2007. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. One negative counseling statement, dated 20 July 2007, for misconduct. 2. Two DA Forms 4187 (Personnel Action), dated 30 July 2007 and 10 August 2007, reflect the applicant’s change in duty status. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 14 March 2014, a DD Form 214, Orders Number 239-0677, dated 27 August 2007, and a signature page for the online application, dated 20 March 2014. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her 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, for entry level performance and conduct. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicant’s record of service, the document and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. 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. 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. 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. 5. The applicant also requests a change in her narrative reason for separation. 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 "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct. The regulation further stipulates that no deviation is authorized. 6. The applicant contends she was given misinformation about her return to the base after her convalescent leave and that she was held against her will by an abusive man she met and became pregnant by him while on leave. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with her overall service record. 7. The records show the proper discharge and separation authority procedures were followed in this case. 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: 27 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) AR20140005626 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1