IN THE CASE OF: Ms. BOARD DATE: 12 December 2014 CASE NUMBER: AR20140000910 ___________________________________________________________________________ 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 an upgrade of her discharge from uncharacterized to honorable. 2. The applicant states, in effect, there is a typographical error on her DD form 214. The discharge should read honorable instead of uncharacterized. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 January 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 26 September 2002 d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3 e. Unit of assignment: FTC 120th TC, Fort Snelling, MN f. Current Enlistment Date/Term: 3 April 2002, 4 Years g. Current Enlistment Service: 0 years, 5 month, 24 days h. Total Service: 0 years, 5 month, 24 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 117 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: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 3 April 2002 for a period of 4 years. She was 20 years old at the time of entry and a high school graduate. She was attending basic training at Fort Jackson, SC when her separation was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows on 18 September 2002, undated document, 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; specifically for being unable to meet the minimum standards for successful completion of basic training due to her adjustment disorder. 2. The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised her of her rights. 3. On an undated document, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf. The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts. 4. On 19 September 2002, 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 26 September 2002, with an uncharacterized discharge. 6. The applicant’s record does not contain any evidence of time lost or unauthorized absences. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Two counseling statements dated between 9-12 September 2002, for self-referral to CMHS and initiation of Chapter 11. 2. There are no UCMJ actions in the record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, DD Form 214, and a letter from the Department of Veterans Affairs dated, 27 May 2013. POST-SERVICE ACTIVITY: None was provided with the application. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge to honorable was carefully considered. However, after examining the applicant’s record of service and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's 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. Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for the character of service to be rated as honorable or otherwise. 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. The Regulation 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. 4. The applicant requests an upgrade of her discharge to honorable. However, an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty. The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable characterization. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge, the RE code, 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: 12 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) AR20140000910 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1