Applicant Name: ????? Application Receipt Date: 2009/12/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that at the time of entry his immaturity disabled him of realizing what he was getting into. 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: 991115 Discharge Received: Date: 000425 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: Company B, 2nd Battalion, 54th Infantry Regiment, Fort Benning, GA Time Lost: AWOL x 2 from (991001-991004) for 4 days; the applicant returned to his unit; and AWOL from (991006-991006) for 1 day; the applicant returned to his unit; total time lost was 5 days. 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: 18 Current ENL Date: 990817 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 7 Mos, 9 Days The computation includes 161 days of excess leave from (991117-000425) Total Service: 0 Yrs, 7 Mos, 9 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: 96 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 11 November 1999, 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; in that he will not adapt socially or emotionally to military life, cannot meet the minimum standards prescribed for successful completion of training, because of lack of aptitude, ability, motivation, or self discipline, has demonstrated character and behavior characteristics, not compatible with satisfactory continued service and has failed to respond to counseling, with an uncharacterized discharge. He was advised of his rights. On 11 November 1999, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with an uncharacterized discharge. On 1 December 1999, the separation authority waived further rehabilitative efforts and directed the applicant be separated from the Army with an uncharacterized discharge. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, of this regulation, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status. This provision of the regulation applies to Soldiers who can not meet the minimum standards for training, have demonstrated that they are not qualified for retention because they can not adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service. The regulation requires an uncharacterized discharge for separation under this Chapter. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge or the narrative reason for separation. 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 the 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 no such unusual circumstances were present in the applicant’s record and the former Soldier’s service did not warrant an honorable discharge. Further, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 11, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct)", the separation code is "JGA", and the reentry code is "RE 3". 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, separation code, entered in block 26, and RE Code, entered in block 27 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. The analyst noted the applicant's issue that his immaturity disabled him from realizing what he was getting into. The analyst found that the applicant met entrance qualification standards to include age. The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. Therefore, the analyst determined 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: 10 September 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149 in lieu of a DD Form 293 dated 30 November 2009. 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. 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20090021510 ______________________________________________________________________________ Page 1 of 3 pages