Applicant Name: ????? Application Receipt Date: 2012/04/11 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests his discharge be changed to honorable and the narrative reason for separation changed to "Entry Level Separation." He states that he would like a job in law enforcement or with the federal government upon completion of his Bachelor’s Degree. He also states that he did not receive an Article 15 or any other disciplinary actions while he was in the military. 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: 040324 Discharge Received: Date: 040405 Chapter: 11 AR: 635-200 Reason: Entry Level Performance and Conduct RE: SPD: JGA Unit/Location: Retraining and Holding Unit, Training Support Battalion, USAMANSCEN&FLW, Ft Leonard Wood, MO 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: 18 Current ENL Date: 031008 Current ENL Term: 5 Years ????? Current ENL Service: 00 Yrs, 05 Mos, 08 Days ????? Total Service: 00 Yrs, 05 Mos, 08 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: None GT: 102 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 24 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of failure to pass the Army Physical Fitness test, with an uncharacterized discharge. He was advised of his rights. On 24 March 2004, 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. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge. On 25 March 2004, the separation authority waived further rehabilitation 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. For separation under this Chapter the regulation requires an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issues and documents submitted with the application, 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 the separation is initiated while the Soldier is in entry level status. A general, under honorable conditions discharge is not authorized under ELS conditions. 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. The applicant contends that the narrative reason for his discharge should be changed. However, the applicant was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct", and the separation code is "JGA." 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 and separation code, entered in block 26 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. Furthermore, the analyst noted the applicant's issue about getting a job in law enforcement or with the federal government upon completion of his Bachelor’s Degree; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 14 September 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, 4 September 2012, DD Form 214. 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: ????? Other: ????? RE Code: Grade Restoration: No Yes Grade: ????? XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20120007596 ______________________________________________________________________________ Page 1 of 3 pages