1. Applicant's Name: a. Application Date: 30 November 2016 b. Date Received: 16 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, his performance was impaired by an injury that he sustained to his right knee while in training. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV were reviewed. AHLTA notes indicate applicant was seen during Basic Training several times due to low body weight. On 19 Apr 2011, he was seen by Behavioral Health for a CDMSE and was cleared for Uncharacterized discharge. VA notes indicate he is 20% SC-10% SC for back strain and 10% SC for knee issues. JLV notes indicate multiple mental health contacts. Applicant has been diagnosed with Major Depression, Mood Disorder, depressed, due to alcohol and amphetamine use, Cognitive Disorder due to polysubstance use, Ethanol Use Disorder and Cannabis Use Disorder. Based on the available information, the applicant does not have mitigating BH diagnosis and his Uncharacterized discharge is appropriate. In a records review conducted at Arlington, VA on 9 March 2018, 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: 23 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: Undated (2) Basis for Separation: The applicant was informed of the following reasons: On 25 March 2011, his command was informed that he had a physical condition which caused him to be underweight and that this condition posed a risk to his health and interfered with his ability to conduct training. Due to the physical demands of training, he was at risk of injuring himself due to loss of body weight and bone density. On 14 May 2011, after following the instructions from the Ireland Community Hospital regarding his dietary and physical requirements and allowing him time to recuperate and overcome this condition, he was counseled by SSG M because his physical inability had continued to interfere with his ability to perform his required training satisfactorily. Additionally, he was counseled by SSG M and 1SG S regarding the amount of mandatory training he had missed and his inability to graduate because of his failure to meet course standards. On 18 May 2011, after having personally observed his duty performance and attitude throughout the course of the training cycle the commander, conducted a counseling session with the applicant. During this counseling session, the commander spoke with the applicant regarding his physical inability to complete OSUT training, physical inability to perform his military duties as required, and informed him that he intended to separate the applicant from the Army due to these inabilities and his failure to meet course requirements. The applicant had been provided with counseling and rehabilitation required under paragraph 11-4. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 9 June 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2011 / 3 years, 18 months b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 86 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 3 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 19 April 2011, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Several Sick Slips, for a variety of physical therapy appointments. Several Developmental Counseling Forms, for separation counseling based on the applicant's inability to complete required training due to his physical condition. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable conditions. 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. A general discharge (GD) under honorable conditions 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. 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 contends the narrative reason for the discharge should be changed because he was suffering from an injury to his knee, which occurred during his training. However, the applicant was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," and the separation code is "JGA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 9 March 2018, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20170002678 2