IN THE CASE OF: BOARD DATE: 5 June 2015 CASE NUMBER: AR20140010393 ___________________________________________________________________________ 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 narrative reason for the applicant’s discharge is improper based on the circumstances surrounding the applicant’s discharge (i.e. personal family issues). 2. The service record clearly establishes a basis for a hardship discharge under the provisions of AR 635-200, paragraph 6-3a. 3. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s discharge to hardship, under the provisions of paragraph 6-3a, AR 635-200, with a corresponding SPD Code of KDB. 4. Except for the foregoing modifications, the Board determined the characterization was both proper and equitable because the applicant was in an entry level status at the time of his discharge, 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 honorable, and to change the narrative reason and the corresponding codes for his discharge. 2. The applicant states, in effect, his discharge was due to hardship and not poor performance. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 June 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 22 February 2011 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, 46 AG Reception Bn, Fort Knox, KY f. Current Enlistment Date/Term: 4 January 2011, 3 years, 22 weeks g. Current Enlistment Service: 0 years, 1 month, 19 days h. Total Service: 0 years, 1 month, 19 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 106 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM 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 Regular Army on 4 January 2011, for a period of 3 years and 22 weeks. He was 18 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed one month and 19 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that in an undated memorandum, 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 being the only one who can take care of his mother, who suffered a concussion that resulted in additional illnesses which keeps her from working, driving, and performing many basic tasks, including caring for a ten-year old brother in the home. 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 25 January 2011, the applicant consulted 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 16 February 2011, 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 22 February 2011, 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. A counseling statement, dated 18 January 2011, for the chain of command learning of the applicant’s family situation concerning his mother’s medical condition and that it was in the best interest of the Army and applicant to be separated. 2. Red Cross Emergency Message indicates the applicant’s mother had requested for his presence due to her illness as a result of passing out on 6 December 2010, and a diagnosis of possibly having meniere’s disease. 3. Memorandum for Record, dated 18 January 2011, subject: Chapter 11 Action for [the applicant], explains the circumstances surrounding the applicant’s discharge. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 and discharge Orders for service under current review; veterans services transmittal sheet, dated 3 June 2014; 46th AG Bn checklist, dated 16 February 2011; DA 4187, dated 1 February 2011, for intra-brigade transfer; separation decision/recommendation memoranda, dated 16 February 2011 and 1 February 2011; memorandum for record, dated 18 January 2011; unit commander’s forwarding memorandum, undated; applicant’s election of rights, dated 25 January 2011; notification and acknowledgment memoranda, both undated; counseling statement, dated 18 January 2011; Red Cross emergency message, dated 25 June 1992 (sic); and ERBs, dated 19 January 2011. 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 (AR) 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. Chapter 6, AR 635-200 provides for separation for the convenience of the Government and paragraph 6-3a provides for separation due to dependency, when disability of a member of a Soldier’s immediate family causes that member to rely upon the Soldier for principal care or support. An uncharacterized service description is normally granted to Soldiers who are in an entry level status, and honorable or under honorable conditions if the Soldier is beyond ELS, for separation under this chapter. 5. 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 "KDB" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of AR 635-200, Chapter 6, paragraph 6-3a, for hardship. 6. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KDB" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and to change to the narrative reason for his discharge, including its corresponding codes was carefully considered. Upon examining the applicant’s military records and the issue submitted with the application, there are sufficient mitigating factors to merit a change to the narrative reason for the separation. However, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record shows the applicant’s separation under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct was improper. 3. Army Regulation 635-200, Chapter 11, stipulates that separation of a Soldier in entry level status may be warranted on the grounds of unsatisfactory performance an/or unsatisfactory conduct as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, and minor disciplinary infractions. Further, that it applied to Soldiers who are in entry level status who have demonstrated not being qualified for retention by illustrating conduct and/or performance that he cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; and has demonstrated character or behavior characteristics not compatible with satisfactory continued service, and has failed to respond to counseling. A careful review of the applicant’s record indicates none of the aforementioned stipulation applied in the applicant’s case. Accordingly, the separation file does not establish a basis for separation under Chapter 11. 4. The record of service shows that on 11 January 2011, the applicant’s command received a Red Cross message indicating that the applicant’s mother suffered a concussion from passing out on 6 December 2010, and has since suffered additional illnesses, including a potential debilitating disorder. The applicant’s unit verified the mother’s medical condition with the treating physician, and proceeded to expeditiously separate the applicant in the best interest of the Soldier and the Army. 5. However, within the provisions of AR 635-200, Chapter 6, paragraphs 6-3a and 6-4, absent any derogatory information, the evidence shows that dependency existed when the disability of an immediate family member caused the member to rely upon the Soldier for principal care or support; that the member’s condition had arisen or had been aggravated to an excessive degree since the applicant’s entry on active duty; and that separation was the only readily available means of eliminating or materially alleviating the dependency condition. Therefore, the separation file clearly establishes AR 635-200, paragraph 6-3a, hardship, as a basis for discharge. 6. Regarding the applicant’s characterization of service, 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. 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. 7. 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. 8. The applicant also requests a change to the reentry code. 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 an RE code of 3. There are 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. 9. Therefore, the characterization of service being both proper and equitable, recommend the Board deny relief. However, in view of the circumstances surrounding the basis for the applicant’s discharge and the reason for discharge being improper, recommend granting relief in the form of a change to the narrative reason for separation to Hardship, under the provisions of paragraph 6-3a, AR 635-200, with a corresponding SPD Code of KDB. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel/Representative: 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: Hardship Change Authority for Separation: AR 635-200, Chapter 6-3a Change RE Code to: No Change Grade Restoration to: NA Other: Separation Program Designator (SPD) code KDB Legend: 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 IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140010393 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1