Applicant Name: ????? Application Receipt Date: 2011/12/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he served honorably and received the AUSA Honor Award; therefore, he is requesting an upgrade to a honorable discharge so he can receive veteran’s benefits and because he feels it will assist him when he applies for future jobs. 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: 110318 Discharge Received: Date: 110420 Chapter: 7 Sec III AR: 635-200 Reason: Defective Enlistment Agreement RE: SPD: KDS Unit/Location: Headquarters and Headquarters Company, 3rd Battalion (OSC), 11th Infantry Regiment, Fort Benning, Georgia 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: 22 Current ENL Date: 101108 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 5 Mos, 13 Days ????? Total Service: 0 Yrs, 5 Mos, 13 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None 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 Warrant/Officer Candidate School. On 7 March 2011, the unit commander notified the applicant of disenrollment from warrant/officer candidate training due to failing to meet the OML APFT cut off twice, through no fault of his own, which prevented him from completion of the course. On 18 March 2011, 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 former Soldier's enlistment agreement. On 18 March 2011, the applicant requested to be separated under Chapter 7-16, for a Unfulfilled Service Agreement. On 11 April 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 18 April 2011, 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 documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the Applicant's discharge. The applicant's service was uncharacterized because he was in entry-level status. 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 the separation is initiated while the Soldier is in entry level status. After a careful review of all the applicant's military records during the period of enlistment under review and the issue [and documents] he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows the applicant on 18 March 2011, voluntarily requested to be separated under the provisions of Chapter 7, Section III, AR 635-200 by reason of defective enlisted agreement. The applicant's service was uncharacterized because he was in entry-level status. 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. The analyst noted the applicant's employment issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The analyst also noted the applicant's issue about his desire to receive veteran's 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. In view of the foregoing, the analyst determined 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: 18 May 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293, 2 training evaluations, AUSA award, bachelor of science diploma, personnel action form, reference letter, memorandum for record, dated 15 February 2011 and a 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 someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as “3.” In view of this error, the Board voted to administratively change block 27, reentry code to “1." Except for the foregoing modification, the Board determined the discharge was both proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change NA No change NA (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20110024108 ______________________________________________________________________________ Page 4 of 4 pages