IN THE CASE OF: Mr. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140007056 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 to be both proper and equitable, and voted to deny relief. 2. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries. 3. The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 11, b. block 26, separation code changed to JGA, and c. block 28, narrative reason for separation changed to Entry Level Performance and Conduct. 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 discharge characterization from uncharacterized to honorable, a change to his narrative reason for discharge, and a change to his reentry eligibility (RE) code to RE-1. 2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to rejoin the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 April 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 7 May 2013 d. Reason/Authority/SPD/RE: Failed Medical/Physical/Procurement Standards AR 635-200, Chapter 5-11, JFW, RE-3 e. Unit of assignment: E Co, 787th MP Bn, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 28 January 2013, 5 years g. Current Enlistment Service: 3 months, 10 days h. Total Service: 3 months, 10 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 88 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: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 28 January 2013, for a period of 5 years. He was 23 years old at the time of enlistment and a high school graduate. He was attending training at Fort Leonard Wood, Missouri, when his discharge was initiated. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, documents submitted by the applicant show on 29 April 2013, 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 his inability to qualify with his assigned weapon. He was given several attempts to qualify with his assigned weapon and failed to meet the minimum requirements of 23 hits. 2. Based on the above misconduct, the unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised him of his rights. 3. On 30 April 2013, 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 1 May 2013, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge, under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct. 5. The applicant was discharged from the Army on 7 May 2013, with an uncharacterized discharge under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failed medical/physical/procurement standards, with a Separation Program Designator code (SPD) of JFW 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: The applicant's record contains no relevant information pertaining to his discharge. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a self-authored statement, his discharge packet to include his marksmanship qualification sheets and discharge orders, a copy of his REDD Report, and a copy of his DD Form 214 for the period of service under review. 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. 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, for entry level performance and conduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JGA" will be assigned a RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the documents submitted by the applicant, his available records and the issue 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 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 requested his RE code be changed to RE-1 for the purpose of being able to rejoin the military. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned a RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 6. The applicant also requested his narrative reason for discharged be changed. In view of the foregoing and notwithstanding the propriety of the discharge, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 5-11, block 26, separation code as JFW, and block 28, failed medical/physical/procurement standards. The discharge packet confirms the separation authority approved the discharge by reason of Chapter 11, AR 635-200, for entry level performance and conduct. AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for entry level performance and conduct will be assigned a SPD Code of JGA. 7. In view of the foregoing and notwithstanding the propriety of the discharge, the analyst recommends following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 11, b. block 26, separation code changed to JGA, and c. block 28, narrative reason for separation changed to entry level performance and conduct. 8. Therefore, except for the foregoing modifications, 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: 24 April 2015 Location: Washington, DC Did the Applicant Testify? No Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: No Change Change Reason to: Entry Level Performance and Conduct Change Authority for Separation: AR 635-200, Chapter 11 Change RE Code to: No Change Grade Restoration to: NA Other: Separation Program Designator (SPD) code JGA 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) AR20140007056 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1