1. Applicant's Name: a. Application Date: 27 October 2016 b. Date Received: 4 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he has an honorable discharge, but his DD Form 214, reflects his discharge as uncharacterized. He believes he served honorably and remained so throughout his entire enlistment. He states that an uncharacterized discharge is completely unjust, due to the fact that he was assaulted, called a nigger and spit on. The only thing he did was defend himself after the assault. In a records review conducted at Arlington, VA on 24 January 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: 8 March 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 March 2002 (2) Basis for Separation: The applicant was informed of the following reasons: He had been identified as having habitual disciplinary problems since his arrival to the unit, resulting in detrimental verbal and written counseling two or more times per week. He had been in numerous altercations with Soldiers in the unit, which has been disruptive to training and unit cohesion. He demonstrated no motivation to display basic military discipline based on these problems and is a drain in medical and Cadre resources along with it. It was imperative that he be removed from IET environment as his presence is a deadly virus to the sections, platoon and the unit. He had received numerous Article 15's and counseling statements, which recommend he be separated from the Army. 054 Due to this habitual disciplinary problem, the commander strongly recommended that the applicant be immediately separated IAW Chapter 11, AR 635-200. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 March 2002 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 November 2001 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 4 months, 1 day 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: CG Article 15, dated 15 December 2001, for unlawfully fighting with another private (30 November 2001). The record did not reflect any imposed punishment. CG Article 15, dated 8 January 2002, for unlawfully grabbing PVT B around the neck with his hands (16 December 2001). The record did not reflect any imposed punishment. An unexecuted CG Article 15, for unlawfully striking PVT E in the eye with his fist. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214, DD Form 149 and two letters from the Department of Veterans Affairs. 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. 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. The applicant contends he had honorable service and his discharge is unfair. However, at the time separation action was initiated, the applicant had 116 days of active duty service; which reflects he was in ELS. 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 that he was simply defending himself when he was involved in an altercation. However, 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. Further, the applicant's service record reflects he was involved in many acts of misconduct. 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 January 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 AR20170004090 3