IN THE CASE OF: Ms. BOARD DATE: 11 July 2014 CASE NUMBER: AR20140004073 ___________________________________________________________________________ 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 sustained an injury to her left ankle while attending basic combat training (BCT) at Fort Jackson, South Carolina. She contends she did not receive the appropriate medical attention and as a result could not pass the Army Physical Fitness Test (APFT). DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 27 June 2013 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200, Chapter 11, JGA, RE-3 e. Unit of assignment: Company C, 1-61 Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 7 May 2013/8 years g. Current Enlistment Service: 1 months, 21 days h. Total Service: 6 months, 14 days i. Time Lost: None j. Previous Discharges: DEP (121213-130506) NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: None m. GT Score: 87 n. Education: College Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve (USAR) on 12 December 2012, for a period of 8 years. She was 26 years old at the time of entry and a college graduate. At the time when her discharge proceedings were initiated, she was attending BCT at Fort Jackson, South Carolina. She completed 6 months and 15 days of creditable military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. On an unknown date, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 11, entry level performance and conduct. Specifically for failing to adapt to the military environment due to the inability to pass the APFT and poor physical fitness, which prevented the successful completion of BCT. 2. Based on the above, the unit commander recommended an uncharacterized discharge and advised the applicant of her rights. 3. On 19 June 2013, 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 in her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On an unknown date, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 5. The applicant was separated on 27 June 2013, under Army Regulation 635-200, Chapter 11, with an uncharacterized discharge, an SPD code of JGA, and an RE code of 3. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: One counseling statement, dated 14 June 2013, reflects the applicant was referred to the reserve component liaison for entry level separation counseling for unsatisfactory performance (failure to adapt). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 11 February 2014, a DD Form 214 covering the period of service under review, a DD Form 149, dated 11 February 2014, a email message, dated 15 October 2013, and documents from her medical records. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her 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. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge and a change to her narrative reason was carefully considered. However, after examining the applicant’s record of service, the documents 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 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 she should have been medically discharged; however, the applicant did not provide any evidence to support she should have been referred to a Medical or Physical Evaluation Board. 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 she was unjustly discriminated. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. 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: 11 July 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None Witnesses/Observers: No 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) AR20140004073 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1