1. Applicant’s Name: a. Application Date: 18 March 2015 b. Date Received: 15 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in pertinent part and in effect, his discharge was inequitable and improper because of receiving unfair and unjust treatment. His experience in basic training was inequitable and filled with impropriety. He was abused at basic training. He was forced to violate his profile for knee injury, resulting in requiring pain medication and physical therapy upon his discharge. The self-assessment results from a government PTSD app he downloaded indicated strong suspect of having PTSD and recommended he see a therapist. An upgrade would allow him job opportunities and veterans’ benefits, and changes to his separation and reentry codes would allow him to reenlist if he chose to. Per the Board's Medical Officer, based on the information available for review at the time, neither the applicant's file nor his electronic medical records revealed a medical or behavioral health indication to alter the character or the narrative reason for the separation from the Army. In a records review conducted at Arlington, VA on 29 July 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: 5 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons: not being able to meet the minimum standards prescribed for successful completion of training because of lack of maturity and self-discipline to adjust in a timely manner; receiving numerous counseling and failing to respond to counseling; and failing to adapt to the Army way of life, and demonstrating character and behavior characteristics not compatible with satisfactory continued service. (3) Recommended Characterization: Uncharacterized discharge (4) Legal Consultation Date: Waived, 27 March 2012 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 28 March 2012 / Uncharacterized 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 February 2012 / 4 years and 19 weeks b. Age at Enlistment/Education/GT Score: 21 / Associate’s Degree / 125 c. Highest Grade Achieved/MOS/Total Service: E-3 / None / 1 month and 14 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: Negative counseling statements for initiation of an entry level separation; failing to adapt; lacking maturity and self-discipline; inability to perform; lacking reasonable effort; not adapting socially or emotionally to military life; refusing to train; being recommended for an Article 15 action; lacking motivation; and malingering. Discharge Orders, dated 2 April 2012. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 18 March 2015; DD Form 214; self-authored statement; and 11 character/supporting letters. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application.. 7. REGULATORY CITATION(S): Army Regulation 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 Army Regulation 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, 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, for entry level performance and conduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3. Secretary of Defense Memorandum for Secretaries of the Military Departments, subject: Supplemental Guidance to Military Boards for Correction of Military/Naval records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in the discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to the narrative reason for separation. The applicant’s record of service, and 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 and 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 separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. The Regulation also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. The applicant requests to change the separation and reentry codes that correspond with the narrative reason for his discharge; however, AR 635-5-1 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, for entry level performance and conduct. The regulation further stipulates that no deviation is authorized. Further, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine 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 applicant contends his discharge was inequitable and improper because of receiving an unfair and unjust treatment from his experiences in basis training. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge or changes to the separation and reentry codes that correspond with the separation reason for his discharge. The applicant contends the abuse he received in basic training resulted in behavioral health issues. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted. The applicant expressed his desire to have better job opportunities and the veterans’ benefits. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 29 July 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 AR20150008943 5