Application Receipt Date: 2006/10/16 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states that he became sick and was not allowed to finish basic training and that he would like a fresh start. 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: 991108 Discharge Received: Date: 991118 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: B Company, 1-19 IN, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 740808 Current ENL Date: 990708/OADT Current ENL Term: NIF Years Current ENL Service: 00 Yrs, 04Mos, 11Days Total Service: 00 Yrs, 06Mos, 19Days Previous Discharges: ARNG, 990430-991118/UNC (concurrent service) Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: 94 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Fair Bluff, NC Current Address: 343 Campground Road Whiteville NC 28472 United States Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 8 November 1999, the unit commander notified the applicant of initiation of involuntary separation action under the provisions of Chapter 11, AR 635-200, by reason of Entry Level Performance and Conduct-for failure to adapt, inability to train, and for excessive missed training sessions with an uncharacterized discharge. On 8 November 1999, the applicant unconditionally waived his rights and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. On 10 November 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized separation of service. 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 general discharge is not authorized under ELS conditions. Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals 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. 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: Alejandro Champin, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014794 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 5 pages