1. APPLICANT’S NAME: a. Application Date: 13 February 2015 b. Date Received: 18 February 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable or general, under honorable conditions and a change to the narrative reason and RE code. The applicant contends due to the lack of records showing why he was discharged and for personal reasons his discharge should be changed to a more justified discharge. He has been unable to find any evidence to support the reason for his discharge from the VA or the National Personnel Records Center. He contends no medical records that led to his discharge can be found. He contends he has attempted to reenlist in the Army on two occasions, but both attempts were stopped because the recruiter was unable to complete his request for a waiver due to a lack of records. The applicant had a records review on 16 December 2009. In personal appearance review conducted at Arlington, Virginia on 11 January 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: Uncharacterized / Physical Condition, Not A Disability / AR 635-200, Paragraph 5-17 / JFV / RE-3 b. Date of Discharge: 19 July 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 19 May 2004 / 3 years, 16 weeks b. Age at Enlistment/Education/GT Score: 23 / HS Letter / 96 c. Highest Grade Achieved/MOS/Total Service: E-1 / NA / 2 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: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 13 February 2015 and a DD Form 214 (Certificate of Release or Discharge From Active Duty). 6. POST SERVICE ACCOMPLISHMENTS: None. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 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. The SPD Code/RE Code Cross Reference Table identifies the appropriate reentry code to assign the Soldier based on the narrative reason for discharge. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of her uncharacterized discharge to honorable or general, under honorable conditions and a change to the narrative reason and RE code. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends due to the lack of records showing why he was discharged and for personal reasons his discharge should be changed to a more justified discharge. He has been unable to find any evidence to support the reason for her discharge from the VA or the National Personnel Records Center. He contends no medical records that led to his discharge can be found. The applicant's contentions were carefully considered. However, the merit of these contentions cannot be established because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. The applicant contends that the narrative reason and RE code should be changed based on the lack of records. However, the SPD code of "JFV" is the appropriate code to assign enlisted Soldiers who are discharged for physical condition, not a disability. The regulation further stipulates that no deviation is authorized. The applicant further contends he has attempted to reenlist in the Army on two occasions, but both attempts were stopped because the recruiter was unable to complete her request for a waiver due to a lack of records. If the applicant desires to reenlist, his should continue to contact a local recruiter to determine his 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 discharge is consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: The applicant submitted no additional documents or contentions. In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge 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 IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150002975 2