IN THE CASE OF: BOARD DATE: 12 June 2015 CASE NUMBER: AR20140008247 ___________________________________________________________________________ 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 or to honorable. 2. The applicant states, in effect, an upgrade will allow him to enroll in and receive medical benefits through the Veterans Affair under the Affordable Health Care Act. The applicant contends, he thought his discharge was “General” after being diagnosed with anxiety disorder, with a series of severe panic attacks that was uncontrollable. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 May 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 13 June 2000 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200, JGA, RE-3 e. Unit of assignment: C Company, 120th Adjutant General Battalion (Reception), Fort Jackson, SC f. Current Enlistment Date/Term: 22 May 2000/4 years g. Current Enlistment Service: 22 days h. Total Service: 22 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 90 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: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 22 May 2000, for a period of 4 years. He was 18 years old at the time of entry and a high school graduate. He completed 22 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Jackson, South Carolina. SEPARATION FACTS AND CIRCUMSTANCES: 1. The notification letter is not in the record; however, the applicant did acknowledge receipt of notification of separation action under the provisions of AR 635-200, Chapter 11, by reason of entry level performance and conduct for failure to adapt to military life, refusal to participate in training, and for lack of motivation. 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 a date unknown, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement on his behalf. The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts. 4. On a date unknown, 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 13 June 2000 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. One counseling statement, dated 6 June 2000, informing the applicant of the initiation of separation proceedings. 2. DA Form 3822-R (Report of Mental Status Evaluation), dated 6 June 2000, reflects that the applicant had a clear and normal thought process and was mentally responsible. The applicant was diagnosed with (Axis I) adjustment disorder with depressed mood and physical complaints. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 28 April 2014, and a DD Form 214 covering 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. 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 documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. 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. 3. 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. 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. 4. The applicant contends his discharge should be upgraded because it will allow him to enroll in and receive medical benefits through the Veterans Affair under the Affordable Health Care Act. However, the applicant’s requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. 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: 12 June 2015 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) AR20140008247 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1