Application Receipt Date: 2006/09/25 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant claims an accident prevented him from completing the Basic Course, but he maintained adequate duty performance during recovery. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 010214 Chapter: 11 AR: 635-200 Reason: Entry level performance and conduct RE: SPD: JGA Unit/Location: US Army Field Artillery School and Fort Sill, Fort Sill, OK 73503-5100 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 781231 Current ENL Date: 000912 Current ENL Term: 4 Years Current ENL Service: 00 Yrs, 05 Mos, 03 Days Total Service: 00 Yrs, 05 Mos, 03 Days Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: NIF Overseas: None Combat: None Decorations/Awards: NIF V. Post-Discharge Activity Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 12 Feb 2001, Orders 043-0108, DA, HQ, US Army Field Artillery School and Fort Sill, discharged the applicant from the Regular Army, effective date: 14 Feb 2001. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct with an uncharacterized separation of service. Furthermore, the DD Form 214 shows a Separation Code of JGA (i.e., entry level performance and conduct) with a reentry eligibility (RE) code of 3. The specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, of that regulation provides, in pertinent part, that a member may be separated for unsatisfactory performance or conduct, or both, while in an entry level status. A soldier is in an entry level status, if before the date of initiation of separation, they have completed no more than 180 days of credible continuous active duty. Service for soldiers separated under this chapter is uncharacterized. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue he submitted, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). 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. 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 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. Therefore, 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: 5 December 2007 Location: Washington D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 5 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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. Case report reviewed and verified by: Edgar Yanger, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 7 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder