IN THE CASE OF: Mr. BOARD DATE: 3 December 2014 CASE NUMBER: AR20140000439 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, his discharge is inequitable because of the narrative reason for his discharge, when in reality he was discharged due to a knee injury. His two counseling statements, dated 6 July 2011 and 7 July 2011, do not mention the injury, but references a condition. He was denied the opportunity to consult with a legal counsel. The medical documents from the troop medical clinic that he gave to a drill sergeant were not included in his discharge packet. His knee injury healed and he was cleared to reenlist by MEPS but was informed he could not reenlist due to the narrative reason for his discharge. A change to the reason would allow him to enlist in the Army National Guard. He is currently enrolled and taking courses in college. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge Received: Uncharacterized c. Date of Discharge: 21 July 2011 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200 Chapter 11, JGA, RE-3 e. Unit of assignment: B Co, 30th AG (Reception), Fort Benning, GA f. Current Enlistment Date/Term: 27 June 2011, 5 years, 16 weeks g. Current Enlistment Service: 0 years, 0 months, 25 days h. Total Service: 0 years, 0 months, 25 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 98 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 27 June 2011, for a period of 5 years and 16 weeks. He was 19 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 25 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 13 July 2011, 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 failing to adapt to military standards and refusal to participate in training. 2. The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge, and advised the applicant of his rights. 3. On 13 July 2011, the applicant waived his right to consult with legal counsel, indicated he understood the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts. 4. On 13 July 2011, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 5. The applicant was separated from the Army on 21 July 2011, with an uncharacterized discharge. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A negative counseling statement, dated 7 July 2011, for involuntary separation being initiated after being given a reasonable time to overcome his condition which is affecting his ability to train, and failing to adapt to the military environment. 2. There is no disciplinary action under the UCMJ. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; two counseling statements, dated 6 and 7 July 2011; flag action, dated 6 July 2011; three statements of support; ADP results, dated 22 October 2012; three separate doctors’ statements; APFT scorecard, dated 16 June 2011; 10 certificates of training, dated between 15 June 2010 and 13 December 2010; AFTB certificate, dated 29 December 2010; and a certificate of completing training, dated 19 December 2010. POST-SERVICE ACTIVITY: The applicant states, in effect, he is currently enrolled in college and taking courses. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. 2. Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. 3. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, entry level performance and conduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request to change the narrative reason for his discharge was carefully considered. However, after examining the applicant’s record of service, and the documents and issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for his discharge. 2. The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 3. 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. 4. The applicant contends the narrative reason for the discharge should be changed because its change would allow him to enlist in the Army National Guard. However, the applicant was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge as approved by the separation authority. 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 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. 5. The applicant also contends the discharge was unjust because his discharge was due to a knee injury; his counseling statements made no mention of his injury; and he was denied the opportunity to consult with a legal counsel. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or sufficient evidence has been provided with the request to change the narrative reason for his discharge. 6. Regarding the applicant’s desire to rejoin the military service, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters 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. 7. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. Accordingly, the records show the proper discharge and separation authority procedures were followed in this case. 8. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 December 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140000439 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1