IN THE CASE OF: Ms. BOARD DATE: 5 December 2014 CASE NUMBER: AR20140001052 ___________________________________________________________________________ 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 uncharacterized discharge to honorable. 2. The applicant states, in effect, she was discharged as a result of not receiving physical therapy which resulted in her failure of a physical fitness test because of her foot injury. She also contends she was a victim of sexual trauma. She reported harassment from a drill sergeant and was not allowed to file a report. Her commander conducted a meeting with other female recruits, the drill sergeant was relieved from duty and she was separated from the service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 13 January 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 7 December 2012 d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11 AR 635-200, JGA, RE-3 e. Unit of assignment: D Co, 2nd Bn, 39th IN, Fort Jackson, SC f. Current Enlistment Date/Term: 18 June 2012, for 4 years g. Current Enlistment Service: 5 months, 20 days h. Total Service: 5 months, 20 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 91 n. Education: 13 years 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 18 June 2012, for a period of 4 years. She was 20 years old at the time of entry and had 13 years of education. He was attending training at Fort Jackson, SC when her separation was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 14 November 2012, 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 failure to adapt to the military environment due to unsatisfactory performance, lack of motivation, and her inability to pass the Army Physical Fitness Test (APFT), which was required for successful completion of BCT. 2. The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of her rights. 3. On 15 November 2012, the applicant waived her right to consult with 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. It was also noted the applicant made reference that she was a victim of a sexual assault for which an unrestricted report was filed within the past 24 months and that she did not believe that this separation action was a direct or indirect result of the sexual assault itself or of the filing of the unrestricted report. 4. On 3 December 2012, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 5. The applicant was discharged from the Army on 7 December 2012, with an uncharacterized discharge under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct, with a Separation Program Designator code (SPD) of JGA and a RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: There is no negative counseling or actions under the Uniform Code of Military Justice in the record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a copy of her BMT physical therapy return to run progression sheet/report, and a copy of her temporary duty restriction document. POST-SERVICE ACTIVITY: None were 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. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicant’s military records 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 that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 3. The applicant contends she should have received physical therapy prior to entering basic training for a foot injury, which did not happen; as a result she failed her PT test resulting in her discharge. The applicant's contention was noted; however, documents submitted by the applicant show that on 12 September 2012, she was released from physical therapy and cleared for training. 4. The record shows separation action was initiated against the applicant for failure to adapt to the military environment due to unsatisfactory performance, lack of motivation, and her inability to pass the Army Physical Fitness Test (APFT), which was required for successful completion of BCT. 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. 5. 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. 6. A general, under honorable conditions discharge is not authorized under ELS conditions and 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 discharge. 7. The applicant contends she was a victim of sexual trauma. She reported harassment from a drill sergeant and was not allowed to file a report. Her commander conducted a meeting with other female recruits, the drill sergeant was relieved from duty and she was separated from the service. The applicant's contention was noted; however, evidence shows the applicant did not believe that her separation action was a direct or indirect result of the sexual trauma itself or of the filing of the unrestricted report. 8. The record does not contain any indication or evidence of arbitrary or capricious actions by the command. The character of the applicant’s discharge is commensurate with her overall service record. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 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) AR20140001052 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1