IN THE CASE OF: BOARD DATE: 10 June 2015 CASE NUMBER: AR20140010413 ___________________________________________________________________________ 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 characterization to honorable and a change to his narrative reason for discharge. 2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of receiving benefits through the use of the GI Bill. He contends his discharge was the result of an injury he received while on active duty which resulted in surgery. He was forced by his drill sergeants to violate his profile (standing up for no more than 15 minutes and lifting more than 10 pounds). Separation action was initiated against him as a result of taking pain killers (prescribed by a doctor). He requested additional time to recuperate which was denied. Since his discharge the Veterans Affairs (VA) has granted him service connected disability for his injury received while on active duty. From the beginning, the military doctors didn't believe him and he had to get a civilian personal for them to consider and approve his surgery. Even while entering the operating table, the doctor advised said he had a "umbilical sinus" and insisted that he would not find a hernia, yet he found a hernia, a polyp and a cyst. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 June 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 29 March 2005 d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, AR 635-200, Chapter 11, JGA, RE-3 e. Unit of assignment: E Co, 1st Bn, 34th IN, Fort Jackson, SC f. Current Enlistment Date/Term: 29 November 2004, 3 years g. Current Enlistment Service: 4 months, 1 day h. Total Service: 4 months, 1 day i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 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: 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 29 November 2004, for a period of 3 years. He was 20 years old at the time of entry and a high school graduate. He was attending basic training at Fort Jackson, SC when his separation was initiated. 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, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 29 March 2005, the applicant was discharged under the provisions of Chapter 11, AR 635-200, with the reason specified as entry level performance and conduct and the characterization described as uncharacterized. The DD Form 214 shows a Separation Program Designator (SPD) code of JGA and a reentry eligibility (RE) code of 3. 3. On 21 March 2005, DA, HQ USA Training Center and Fort Jackson, Fort Jackson, SC, Orders Number 080-1317, discharged the applicant from the Army effective 29 March 2005. 4. The applicant’s available record does not contain any evidence of unauthorized absences, time lost or a record of actions under the UCMJ. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Orders 080-1317, dated 21 March 2005. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 23 May 2014 and a copy of his discharge orders. 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 an SPD Code of "JGA" 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 a change to his narrative reason for discharge was carefully considered. However, after examining the applicant’s available military records and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s 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), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The regulations stipulates that 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. The record indicates the applicant had four months and one day of continuous active service at the time of discharge. 3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, with a characterization of service described as uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. 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 and/or performance of duty. The applicant’s service record contains no such unusual circumstances and his service did not warrant an honorable discharge. 5. Furthermore, 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. The regulation further stipulates that no deviation is authorized. 6. The applicant's contentions were carefully considered. However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown. The applicant must meet the burden of proof by providing the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing he must meet the burden of proof since the discharge packet is not available in the official record. 7. The applicant expressed his desire for an upgrade of his discharge for the purpose of receiving benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 8. Therefore, based on the available evidence and on the presumption of government regularity, it appears the reason for discharge and the characterization of service being both proper and equitable, thus the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 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 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) AR20140010413 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1