Applicant Name: ????? Application Receipt Date: 2009/12/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he needs the upgrade in order to try and enlist in either the US Air Force or the Coast Guard. He is unable for consideration due to the discharge he received. He look forward to the opportunity to serve his country, and advance his current career in Federal Law Enforcement. If he is unable to get the upgrade he requested, at the very least a change in his reentry code were he would not need a waiver. 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: NIF Discharge Received: Date: 020813 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: Company B, 1st Battalion, 19th Infantry, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 020708 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 1 Mos, 6 Days The computation includes 12 days of excess leave from (020802-020813) Total Service: 0 Yrs, 1 Mos, 6 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: 95 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 specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant 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. Further, on 13 August 2002, DA, HQ, US Infantry Center, Fort Benning, GA issued Orders 225-2201 discharging the applicant from the Regular Army, with an effective date of: 13 August 2002. 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 available records for the period of enlistment under review, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. 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. A general, under honorable conditions discharge is not authorized under ELS conditions. The analyst noted the applicant's issues that he would like to enlist in either the US Air Force or the Coast Guard and advance his current career in Federal Law Enforcement, and if he is unable to get the upgrade he requested, at the very least a change in his reentry code, where he would not need a waiver. If the applicant desires to reenlist, he should continue to 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. If the applicant still believes there is an error or injustice in his discharge, then he may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained at a local military installation or from veteran assistance offices. Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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 293 dated 23 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 AR20090021699 ______________________________________________________________________________ Page 1 of 3 pages