IN THE CASE OF: Mr. BOARD DATE: 3 December 2014 CASE NUMBER: AR20140015412 ___________________________________________________________________________ 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 honorable and a change to the narrative reason for discharge. 2. The applicant states, in effect, he was wrongfully discharged and banned from serving in the Army for a minimum of two years; however, when he reapplied, he was denied without creditable cause. Furthermore, the applicant contends he was unjustly denied his enlistment bonuses and veterans benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 September 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 17 June 2008 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200, Chapter 11, JGA, RE-3 e. Unit of assignment: Alpha Battery, 95th Adjutant General Battalion (Reception), 434th Field Artillery Brigade, Fort Sill, OK f. Current Enlistment Date/Term: 21 May 2008/3 years, 19 weeks g. Current Enlistment Service: 27 days h. Total Service: 27 days i. Time Lost: None j. Previous Discharges: DEP, 080510-080520, N/A k. Highest Grade Achieved: HS Graduate l. Military Occupational Specialty: None m. GT Score: 116 n. Education: Bachelor’s Degree 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 21 May 2008 for a period of 3 years and 19 weeks. He was 39 years old at the time of entry and a college graduate. He completed 27 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Sill, Oklahoma. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 5 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 11, by reason of entry level performance and conduct. A mental evaluation from Community Mental Health Services (CMHS) diagnosed the applicant with having traits of narcissistic personality disorder by and having demonstrated severe problems with adapting to a military environment. 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 6 June 2008, 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. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge 4. On an unknown date, 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 17 June 2008 with an uncharacterized discharge. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Order Number 168-0669, dated 16 June 2008, Headquarters, US Army Garrison Fort Sill, Oklahoma, discharged the applicant from the Regular Army, effective 17 June 2008. 2. DA Form 3822 (Report of Mental Status Evaluation), dated 5 June 2008, reflects that the applicant had a clear and normal thought process and was mentally responsible. 3. One counseling statement, dated 6 June 2008, regarding the CMHS follow-up appointment. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 293, dated 20 August 2014, and a DD Form 214 covering the period of service under review. 2. United States District Court Southern District of New York Pretrial Services Agency letter, dated 10 April 1991, regarding applicant’s petition for name change as a precautionary safety measure for himself and that of his immediate family. 3. Memorandum, dated 5 May 2008, written by LTC C, highly recommends approval for serious criminal misconduct waiver on applicant. 4. Three receipts, dated between 5 October 2011 and 17 November 2011, for fees associated with his legal name through the State of New York. 5. Self authored statement, dated 9 August 2014, chronicles the applicant’s life prior to entering the service and the alleged inhuman treatment he received while serving at Fort Sill. 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 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 or her 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 contents he was wrongfully discharged and banned from serving in the Army for a minimum of two years; however, when he reapplied, he was denied without creditable cause. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. Furthermore, 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 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 contends he was unjustly denied his enlistment bonuses and veterans benefits. However, the issues the applicant submitted are not matters upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. 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: 3 December 2014 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) AR20140015412 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1