1. Applicant's Name: a. Application Date: 17 November 2015 b. Date Received: 18 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests changes to the narrative reason for separation and RE code. The applicant seeks relief contending, in effect, he believes his RE code should be changed to a "2" due to the fact that there was a big mistake made. He believes he was unfairly charged with things that he truly did not do and therefore, was unjustly treated. He is from a small town and he grew up on the old fashioned American values. He grew up knowing how to hunt and fish and his father always taught him gun safety, which brings him to the point of him being accused of misplacing his weapon's bolt carrier. He has known guns his whole life and was taught to know every part to his weapon. He was surrounded by drill sergeants and officers who unprofessionally yelled at him. He told them where he put the bolt carrier and kept telling them that he did nothing with it. He had went to sick call that day, before everything happened and everything in his weapon was intact. He left his weapon with a battle buddy and when he returned that is when the bolt carrier was missing. This incident was just one that occurred that he was dealt in an unjust manner. His main objective is to enlist again and serve his country with his life and heart. His dream was always of being a Soldier. He is 25 years old and has nothing to show for his life, but working a dead end job. He requests an RE code change to allow him to enlist again so he can serve his country and be a part of something bigger. In a records review conducted at Arlington, VA on 24 February 2017, 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: Entry Level Performance and Conduct / AR 635-200 / Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 13 December 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 December 2012 (2) Basis for Separation: The applicant disobeyed orders on three different occasions, to include having a negligent discharge of his assigned weapon, lost the bolt to his assigned weapon, failing to complete corrective action and lying to a NCO and a commissioned officer. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 7 December 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 December 2012 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 October 2012 / 3 years, 3 months b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 2 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Numerous Developmental Counseling Forms for intent to separate from service; displayed lack of reasonable effort; lack of ability to accept the soldierization process; failure to adapt to the military environment; failed to complete corrective action for two separate events; lost bolt carrier and bolt to his personally assigned weapon; lied to a NCO; lied to a commissioned officer; disobeyed a direct order on multiple occasion; disregard for the Army Values; disregard for the safety of other Soldiers; and, negligently discharged his weapon. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his application. 7. REGULATORY CITATION(S): Army Regulation (AR) 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. Chapter 11 of 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. 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. 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, entry level performance and conduct. 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. 8. DISCUSSION OF FACT(S): The applicant requests changes to the narrative reason for separation and RE code. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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. The applicant desires to rejoin the Military Service. 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. The applicant contends the discharge was unjust. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated. In fact, the applicant's two Articles 15 and numerous negative counseling statements justify a pattern of misconduct. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 24 February 2017, 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: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150019042 1