Applicant Name: ????? Application Receipt Date: 2011/03/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she was released from active duty due to an injury. She needs an upgrade to be able to complete her service and receive benefits. She received an uncharacterized discharge but she believes it was incorrect because she served for over 180 days. 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: 110204 Discharge Received: Date: 110224 Chapter: 7, Section III AR: 635-200 Reason: Defective Enlisted Agreement RE: SPD: KDS Unit/Location: HHC, 3d Bn, 11th IN Rgt, 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: 26 Current ENL Date: 100823 Current ENL Term: 3 Years ????? Current ENL Service: 00 Yrs, 06Mos, 02Days ????? Total Service: 00 Yrs, 06Mos, 02Days ????? Previous Discharges: None Highest Grade: E-5 Performance Ratings Available: Yes No MOS: None GT: 114 EDU: College Graduate Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Dunn, NC Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the applicant enlisted in the Army as a Specialist/E-4 to attend Officer Candidate School. On 4 February 2011, the unit commander notified the applicant of disenrollment from officer candidate training due to medical reasons, through no fault of her own, which would prevent her from completion of the course. The applicant sustained an injury to her hip while undergoing OCS training. The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-16e, AR 635-200, by reason of inability of the U.S. Army to fulfill the applicant’s enlistment agreement. On 7 February 2011, the applicant requested to be separated under Chapter 7-16, Unfulfilled Service Agreement. On 16 february 2011, counsel reviewed the Chapter action and determined it to be legally sufficient. The unit commander subsequently recommended separation from the Army under the provisions of AR 635-200, Chapter 7, paragraph 7-16e, for Defective or Unfulfilled Enlistment Agreement. On 23 February, the separation authority directed the applicant’s discharge from the Army with service as uncharacterized. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, paragraph 7-16b, of that regulation provides, in pertinent part, that an unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment for which the Soldier is qualified and it cannot be fulfilled by the Army through no fault of the Soldier. Soldiers separated under this Chapter may be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II. c. Response to Issues, Recommendation and Rationale: After a careful review of the Applicant’s military records, the issue and the document submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The applicant contends that she suffered an injury and should have received a characterized discharge because she had served more than 180 days. However, the evidence of record shows the applicant suffered an injury and could not continue to perform all the requirements to graduate from the Officer’s Candidate School. The applicant’s service was uncharacterized because she was in entry-level status when she was first notified of the commander’s intent to separate her from the Army. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. 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 general, under honorable conditions discharge is not authorized under ELS conditions and 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. Additionally, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Moreover, the applicant requests an upgrade in order to complete her service and receive benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, notwithstanding the propriety of the applicant's discharge, the analyst determined that the applicant was incorrectly assigned a reentry eligibility (RE) code of “3”. Therefore, the analyst recommends the reentry eligibility code be administratively changed to RE-1. Finally, the applicant contends that the narrative reason for her discharge should be changed. However, the applicant was separated under the provisions of Chapter 7, paragraph 7-16, AR 635-200 with service uncharacterized. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Defective Enlistment Agreement,” and the separation code is "KDS." 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. Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst found that the reason for discharge and the characterization of service 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: 30 September 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 214 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. Further, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant was incorrectly assigned a reentry eligibility (RE) code of “3” and directed that it be administratively changed to RE-1 as established in AR 635-5-1. 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20110004612 ______________________________________________________________________________ Page 3 of 3 pages