IN THE CASE OF: BOARD DATE: 12 September 2014 CASE NUMBER: AR20140005815 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation that follows, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance with an uncharacterized discharge. Further, the board determined the record is not regular on its face, as the applicant served more than one year and one month on active duty, and he was given an uncharacterized discharge on a chapter 13. Therefore, the board determined that the circumstances surrounding the discharge violated AR 635-200, paragraphs 11-3c and 13-1. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable and voted not to change it. 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 honorable. 2. The applicant states, in effect, he broke his hip during week 10 of basic training, placed in rehabilitation for 10 months, recycled to week six, and then reinjured his hip at week 10. The applicant contends he was told that before he served in the Army for over a year, he would be given an honorable discharge. He further contends he was told if he did not receive an honorable discharge, he would be given a medical discharge since he was injured during training. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 April 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 23 October 2003 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: D Company, 2d Battalion, 58th Infantry Fort Benning, GA f. Current Enlistment Date/Term: 5 September 2002/5 years g. Current Enlistment Service: 1 year, 1 month, 19 days h. Total Service: 1 year, 10 months, 26 days i. Time Lost: None j. Previous Discharges: DEP, 011128-020904, NA k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 5 September 2002, for a period of 5 years. He was 18 years old at the time of entry. He completed 1 year, 1 month, and 19 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The DD Form 214 indicates that on 23 October 2003, the applicant was discharged under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance, with a characterization of service of uncharacterized. The DD Form 214 also shows a SPD code of JHJ, and a RE code of 3. 3. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: DD Form 214, dated 23 October 2003, the applicant was discharged under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance, with a characterization of service of uncharacterized, SPD code of JHJ, and a RE code of 3. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: None provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. 2. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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, his 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 record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends he was told that because he served more than one year in the Army, he would be given an honorable discharge. Although the applicant served more than 180 days of continuous active military service, he did not successfully complete Initial Entry Training. Therefore, the applicant was in an entry-level status at the time of discharge. His separation is described as entry-level with service uncharacterized. 5. The applicant contends he was told that if he did not receive a honorable discharge from the Army, he would receive a medical discharge. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 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. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance with an uncharacterized discharge. Further, the board determined the record is not regular on its face, as the applicant served more than one year and one month on active duty, and he was given an uncharacterized discharge on a chapter 13. Therefore, the board determined that the circumstances surrounding the discharge violated AR 635-200, paragraphs 11-3c and 13-1. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 12 September 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: Yes [redacted] Board Vote: Character Change: 4 No Change: 1 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable 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) AR20140005815 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1