Applicant Name: ????? Application Receipt Date: 2010/07/30 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I request that my uncharacterized discharge be changed to an honorable discharge with a reentry code of one. I was under the belief that I would be able to reenlist after a year. That the discharge was a general discharge and that it would automatically be changed from a general discharge to a honorable discharge after a year. At the time I informed my drill sergeant of my intent to reenlist. I was misinformed about the nature of my discharge and signed everything I was told to under this misconception. Had I known the truth I would have sought legal counsel." 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: 040416 Discharge Received: Date: 040428 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: C Co, 1/28th Inf, Fort Jackson, SC 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: 20 Current ENL Date: 040217 Current ENL Term: 06 Years ????? Current ENL Service: 00 Yrs, 02 Mos, 12 Days ????? Total Service: 00 Yrs, 02 Mos, 12 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: 97 EDU: 14 Yrs Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Windsor, MO Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 16 April 2004, 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 for his lack of ability, with an uncharacterized discharge. He was advised of his rights. The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, waived consideration of an administrative separation board 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 separation authority waived further rehabilitative efforts and directed the applicant’s separation 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 during the period of enlistment under review, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows the applicant was discharged in a 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 that no such unusual circumstances were present in the applicant’s record and the applicant's service did not warrant an honorable discharge. The applicant contends that he thought his discharge was a general, under honorable discharge, that it would automatically be changed to honorable after a year, and that he informed his Drill Sergeant of his intention to reenlist. The analyst noted the applicant's contentions, however, a general, under honorable conditions discharge is not authorized under ELS conditions. Furthermore, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. Further, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst 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 issue of wanting his reentry eligibility (RE) code change to a 1, however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If reenlistment is desired, the applicant should contact the local recruiter to determine 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 appropriate. In view of the foregoing, the analyst determined the reason for discharge and the characterization of service to include the reentry eligibility (RE) code 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: 13 April 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149, discharge orders, dated 22 April 2004, and DD Form 214 for the period of service under review. 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20100020081 ______________________________________________________________________________ Page 3 of 3 pages