1. Applicant’s Name: a. Application Date: 5 May 2015 b. Date Received: 18 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, he was told by the captain that if he received one more counseling, he would be sent to another troop to start from day zero or be discharged. The applicant contends that he received an Article 15 on the 4th of November, then was discharged on the 6th of November 2013, and further asks, “how did he get discharged within two days of receiving an Article 15?” The applicant contends that he did not deserve to be discharged from the Army under such conditions or the way he was discharged. In a records review conducted at Arlington, VA on 3 August 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: Entry Level Performance and Conduct / AR 635-200 / Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 3 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 November 2013 (2) Basis for Separation: The applicant received a Summarized Article 15, dated 5 November 2013, for violation of Article 127 and numerous violations of Article 92. He was also counseled for using offensive and racial language (27 October 2013). (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 20 November 2013 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 22 November 2013 / Uncharacterized 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 October 2013 / 3 years and 20 weeks b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 88 c. Highest Grade Achieved/MOS/Total Service: E-3 / None / 2 months and 3 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Numerous DA Forms 4856 (Developmental Counseling), dated between 10 October 2013 and 6 November 2013, for using offensive language around other trainees, failing to live by the Army Values, failing to obey order and regulation, failing to comply with Army core value – Duty, failing to perform weapon safety procedures, attempting to blackmail a drill sergeant, failing to maintain assigned weapon, weapon immersion, and initiation of separation proceedings. Summarized Article 15, dated 5 November 2013, for being derelict in the performance of his duties by willfully failing to secure his weapon and failing to obey a lawful order. The punishment consisted of 14 days of extra duty. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 5 May 2015; DD Form 214; and the following: Three DA Forms 4856 (Developmental Counseling), dated between 18 October 2013 and 6 November 2013; VA Human Resources Service Center Information Response, dated 9 April 2015; Congresswoman J.B. Privacy Release, dated 1 October 2014; Typed script of a conversation between applicant and DS R, stamp dated 8 October 2014; and, DD Form 293, dated 17 November 2014 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 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 contends that he was told by the captain that if he received on more counseling, he would be sent to another troop or be discharged. He contends that he did not deserve to be discharged from the Army under such condition or the way he was discharged. 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. 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 3 August 2016, 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: 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: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008638 4