1. Applicant’s Name: a. Application Date: 22 July 2015 b. Date Received: 27 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of her discharge from uncharacterized to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, an upgrade would allow her to obtain a veteran’s identification on her State driver’s license and license plates. In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Defective Enlistment Agreement / AR 635-200, Chapter 7, Section III / KDS / RE-1 / Uncharacterized b. Date of Discharge: 21 November 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 November 2007 (2) Basis for Separation: Pursuant to DA Form 4187 (Personnel Action), dated 2 November 2007, that through no fault of the applicant, she was injured during training and was unable to complete the training; her recovery time of 30 or more days caused to relieve her from the course, and her enlistment commitment cannot be fulfilled by the Army at this time. In a separate correspondence to the unit commander, dated 5 November 2007, the applicant requested separation under the provisions of AR 635-200, Chapter 7, paragraph 7-16, “Unfulfilled Service Agreement” because she had been relieved from the Officer Candidate School (OCS). (3) Recommended Characterization: Uncharacterized discharge (4) Legal Consultation Date: NIF (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 9 November 2007 / Uncharacterized discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 26 June 2007 / 3 years b. Age at Enlistment/Education/GT Score: 32 / Master’s Degree / 130 c. Highest Grade Achieved/MOS/Total Service: E-4 / 09S10, Commissioned Officer Candidate / 4 months, 26 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: DA Form 3286 (Annex B) (Statement for Enlistment United States Army Enlistment Program), dated 26 June 2007, indicates the applicant enlisted for the Officer Candidate School (OCS) and as a commissioned officer candidate. DA Form 3349 (Physical Profile), dated 27 September 2007, indicates the applicant had a temporary profile of 113111 for “Stress Fracture Tibia,” until 20 October 2007. DD Form 785 (Record of Disenrollment from Officer Candidate Training), dated 3 October 2007, indicates the applicant was involuntarily released from OCS due to medical reasons. DA Form 3349 (Physical Profile), dated 19 October 2007, indicates the applicant had a temporary profile of 113111 for “Stress Fractures R & L Tibias, L heel, Stress reactions in R & L ankles,” until 18 November 2007. DA Form 3349 (Physical Profile), dated 26 October 2007, indicates the applicant had a temporary profile of 113111 for “Stress Fractures R & L Tibias, L heel, Stress reactions in R & L ankles,” until 23 November 2007. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 22 July 2015, with DD Form 214 and VA letter, dated 16 July 2015. 6. POST SERVICE ACCOMPLISHMENTS: None. 7. REGULATORY CITATION(S): Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Chapter 7, paragraph 7-16b provides, in pertinent part, that an unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment for which the Soldier is qualified and it cannot be fulfilled by the Army through no fault of the Soldier. Soldiers separated under Chapter 7 will be awarded an honorable discharge unless an entry level status separation is required under Chapter 3, section II. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of her discharge from uncharacterized to general (under honorable conditions) or honorable. The applicant’s record of service, and the issues and documents submitted with her application were carefully reviewed. The evidence of record shows the applicant enlisted under the OCS 9D, United States Army Officer/Warrant Officer Enlistment Program, and through no fault of her because she was injured during training, she was unable to complete the training. Thus according to the respective training installation policy, the OCS Commandant’s Policy, a combination of profile and recovery time of 30 days or more was a cause to relieve the applicant from the course as her enlistment commitment could not be fulfilled by the Army. As such, the applicant voluntarily requested to be separated under the provisions of AR 635-200, paragraph 7-16, unfulfilled service agreement. The applicant’s record does not contain any evidence of arbitrary or capricious actions by the command and it indicates that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant’s service was uncharacterized because she was in entry-level status and there are no unusual circumstances present in the applicant’s record and her service did not warrant an honorable discharge. 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. 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 discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 BH - Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police PTSD - Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012920 1