IN THE CASE OF: BOARD DATE: 28 September 2020 DOCKET NUMBER: AR20190014500 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * Block 25 (Separation Authority) the entry "Army Regulation 635-200, Chapter 11" instead of "Army Regulation 635-200, Paragraph 5-11" * Block 26 (Separation Code) the entry "JGA" instead of "JFW" * Block 28 (Narrative Reason for Separation) the entry "Entry Level Performance and Conduct" instead of "Failed Medical / Physical / Procurement Standards" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States in lieu of DD Form 149 (Application for Correction of Military Record) * DD Form 214, for the period ending 9 May 2017 with Orders 125-2206, dated 5 May 2017 * Official Military Personnel File (OMPF) records, including separation packet (approximately 50 pages) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was discharged on 9 May 2017 with the reason stated in his separation packet as "entry level performance and conduct" in accordance with Army Regulation 635-200 [Active Duty Enlisted Administrative Separations], chapter 11. However, his DD Form 214 states he was discharged by reason "failed medical / physical / procurement standards" in accordance with Army Regulation 635-200, paragraph 5-11. Therefore, he wishes that block 25, block 26, and block 28 be updated per his separation packet. 3. The applicant filled out a DD Form 2807-1 (Report of Medical History), dated 21 April 2016 that shows he was in good health. A DD Form 2808 (Report of Medical Examination) shows was initially deemed not qualified for service on or about 24 June 2016 but later was deemed qualified for service with a waiver on or about 21 April 2016. 4. The applicant enlisted in the Regular Army on 24 January 2017. He was assigned to Fort Benning, Georgia for the purpose of initial entry training. He did not complete this training. 5. The applicant's record shows he twice accepted nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ): * on 1 March 2017 for failing to obey a lawful general regulation by failing to have a clean shaven face on or about 9 February 2017 * on 11 April 2017 for having received a lawful order from a noncommissioned officer to get his equipment for training, on or about 3 April 2017, and for failing to obey a lawful order from a noncommissioned officer to conduct training on or about 4 April 2017 6. A DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) was initiated on 20 April 2017 for involuntary separation. 7. The applicant's commander notified him on 29 April 2017 that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, Chapter 11, by reason of entry level performance and conduct. The reasons cited was the applicant could not or would not meet the minimum standards prescribed for successful completion of training due to a lack of aptitude, ability, motivation, and self- discipline. He also noted his continued refusal to train. He advised him of his rights and recommended that he receive a characterization of service of "uncharacterized" as he was in an entry-level status. 8. On this same date, the applicant acknowledged receipt of the separation notification memorandum. He stated he understood the contemplated action against him, waived consulting with counsel, and elected not to make any statements in his own behalf. 9. Subsequent to his acknowledgement, the applicant's immediate commander recommended the applicant's separation from the Army under the provisions of Army Regulation 635-200, Chapter 11, by reason of entry level performance and conduct. 10. The separation authority approved the request for the applicant to be separated under the provisions of Army Regulation 635-200, Chapter 11, for entry level performance and conduct and directed his service be uncharacterized on 1 May 2017. 11. The applicant was discharged on 9 May 2017. His DD Form 214 shows he completed 3 months and 16 days of net active service. It further shows in: * Block 24 (Character of Service) the entry "Uncharacterized" * Block 25 the entry "Army Regulation, Paragraph 5-11" * Block 26 the entry "JFW" * Block 27 (Reentry Code) the entry "3" * Block 28 the entry "Failed Medical / Physical / Procurement Standards" 12. The applicant provides documents from his OMPF including his separation packet, discussed above, as well as his enlisted record brief and enlistment document. 13. 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 code to be entered on the DD Form 214. a. It identifies the SPD code of "JFW" as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, Paragraph 5-11, based on failed medical / physical / procurement standards. b. It identifies the SPD code of "JGA" as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, Chapter 11, based on entry level performance and conduct. BOARD DISCUSSION: The Board carefully considered the applicant’s statement and supporting documents, notably his commanders’ recommendations for separation, and found sufficient evidence to grant relief. The preponderance of evidence supports that the separation authority, separation code and narrative reason on the applicant’s DD Form 214 dated 9 May 2017, were incorrect. The Board found sufficient evidence to grant relief and amend the narrative reason to "Entry Level Performance and Conduct" instead of "Failed Medical / Physical / Procurement Standards" with associated changes to authority and separation code. The Board found that the applicant’s chain of command intended that the applicant be separated under "Army Regulation 635-200, Chapter 11" instead of "Army Regulation 635-200, Paragraph 5-11." Therefore, the Board found that full relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214, dated 9 May 2017, to show: * item 25 (Separation Authority) to "Army Regulation 635-200, paragraph 11" * item 26 (Separation Code) to "JGA" * item 28 (Narrative Reason for Separation) to "Entry Level Performance and Conduct" I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 prescribes policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. A separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) an under other than honorable conditions characterization was authorized when the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case by case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. b. Entry-level status is defined as the first 180 days of continuous active service for Regular Army Soldiers. c. Paragraph 5-11 provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty, active duty for training, or initial entry training would be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501. The character of service for Soldiers separated under this provision would normally be honorable, but would be uncharacterized if the Soldier was in an entry-level status. d. Chapter 11 provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. When separation of a Soldier in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, he or she will normally be separated per this chapter. Service will be uncharacterized for entry-level separation under the provisions of this chapter. 3. Army Regulation 635-5-1 provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. a. It identifies the SPD code of "JFW" as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, Paragraph 5-11, based on failed medical / physical / procurement standards. b. It identifies the SPD code of "JGA" as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, chapter 11, based on entry-level performance and conduct. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014500 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1