IN THE CASE OF: Mr. BOARD DATE: 17 December 2014 CASE NUMBER: AR20140002082 ___________________________________________________________________________ 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 his uncharacterized discharge to general, under honorable conditions. 2. The applicant states, in effect, that his discharge was improper because while serving in the military his daughter's mother was sent to prison for a crime she committed and his daughter was about to be sent to a foster home. He had to get out as a single parent to get full custody of his daughter from her mother. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 January 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 6 July 2011 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, 10th IN, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 18 April 2011, 3 years and 19 weeks g. Current Enlistment Service: 2 months, 19 days h. Total Service: 2 months, 19 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: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 18 April 2011, for a period of 3 years and 19 weeks. He was 26 years old at the time of entry with one year of college. He was attending basic training at Fort Leonard Wood, MO when his separation was initiated. His record documents no acts of valor or significant achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 21 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, section 1, paragraph 11-3, AR 635-200, by reason of entry level performance and conduct for after being afforded every opportunity to train refused to do so and he wrote a statement indicating his refusal to train due to the fact that his child's biological mother was signing over parental rights to him and he would be unable to provide a family care plan for the child. 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 21 June 2011, 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 on his behalf. The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts. 4. On 29 June 2011, 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 6 July 2011, 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: 1. Sworn Statement, dated 20 May 2011, indicating the applicant's refusal to train. 2. Two negative counseling statements dated between 23 May 2011 and 2 June 2011, for lack of motivation, displaying an unwillingness nor a positive attitude towards training, disregard for the Army Core Values of duty, integrity, selfless service and personal courage (pushing oneself harder to fulfill obligation), refuse to train, failure to adapt to military service, and removal from training based on refusal to train. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. 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. 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 his discharge was carefully considered. However, after examining the applicant’s record of service, the document 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 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. 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. 5. The applicant contends he was improperly discharged. 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was improperly discharged. In fact, the applicant’s statement indicating his refusal to train justifies a reason for discharge under the provisions of Chapter 11, paragraph 11-3a. 6. Furthermore, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the actions which led to the separation action under review. 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. 8. 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: 17 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) AR20140002082 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1