IN THE CASE OF: Mr. BOARD DATE: 20 March 2015 CASE NUMBER: AR20140005387 ___________________________________________________________________________ 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 upgrade the characterization of his service from uncharacterized to fully honorable. 2. The applicant states, in effect, he was discharged following an injury to his right knee. He applied for a service-connected disability with the VA for the injury. His request for an upgrade is due to the injury that occurred outside his control and he did nothing wrong. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 27 July 2010 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200, Chapter 11, JGA, RE-3 e. Unit of assignment: A Co, 2nd Bn, 54th Infantry Regiment, Fort Benning, GA f. Current Enlistment Date/Term: 25 May 2010, IADT g. Current Enlistment Service: 2 months, 3 days h. Total Service: 4 months, 7 days i. Time Lost: None j. Previous Discharges: ARNG (100121-100524) / NA k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 112 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 Army National Guard on 21 January 2010, for a period of 8 years. He reported for IADT on 25 May 2010, for 10 weeks of basic training, and 7 weeks for MOS training or until completion. 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 4 months and 7 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 9 July 2010, 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 military life. The specific reasons for the separation action are: a. not being able to meet the minimum standards prescribed for successful completion of training due to lack of aptitude, ability, motivation, and self discipline; b. demonstrating character and behavior characteristics not compatible with satisfactory continued service; and c. failing to respond to counseling. 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 9 July 2010, 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 19 July 2010, 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 27 July 2010, 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. Article 15, dated 15 July 2010, for being derelict in the performance of his duties by willfully failing to train (100706). The punishment consisted of a forfeiture of $312 and 14 days of extra duty, (CG). 2. Four negative counseling statements, dated between 6 July 2010 and 9 July 2010, for being recommended for separation due to refusing to train and failing to follow instructions; not responding to any form of counseling; refusing to follow an order; being recommended for a second chance to restart and being placed back in training status; receiving an Article 15 punishment; and disobeying a lawful order. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 214 for service under current review and VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, dated 20 March 2014. POST-SERVICE ACTIVITY: The applicant provided none. 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, and the documents and 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 fact the applicant applied for a service-connected disability with the Veterans Administration for a medical condition the applicant suffered while on active duty does not support a conclusion that the condition rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical condition during his discharge processing that would have warranted his separation processing through medical channels. 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: 20 March 2015 Location: Washington, DC Did the Applicant Testify? No Counsel/Representative: Yes [redacted] 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) AR20140005387 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1