1. Applicant's Name: a. Application Date: 18 November 2015 b. Date Received: 6 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, that he is sworn to country and fully committed. He was fully trained by the Army and has maintained himself in top physical, mental, and emotional health. While in training, the applicant received several letters from his family confirming that his mother was sick and was having problems with his father. Based on his previous experiences, he felt obligated to return home to his mother in her moments of need. The ultimate determining factor of his request for discharge, was the recurrent homosexual harassment by his fellow trainees during his training. Repeatedly, he was awoken for fire guard with a tap on his shoulder, then exposed to the genitalia of his fellow trainees. They would explicitly place their genitalia within three inches of his face. He very specifically spoke with his drill sergeants, who had encouraged him to keep quiet and not tell anyone about what was happening. Additionally, one of his drill sergeants told him that he was a worthless piece of "shit" and he should quit the Army. The other drill sergeant acted professional and said that he would handle the situation. However, the night occurrences and jeering comments in the shower by fellow trainees continued. Distraught, the applicant reluctantly sought the counsel of a social worker, who was kind and encouraged him to speak to the drill sergeants. Shortly thereafter, one of his drill sergeants called him to the side during a field training exercise and mentioned the possibility of getting a new Army contract. Without any physical proof of sexual harassment there was not much he could do. Still, the trainees menaced him and informed him that if he filed an official complaint, they would allege that he was willingly engaged in homosexual acts during official military training. It was his understanding that such behavior could result in certain jail time. Effectively blackmailed by the trainees, the applicant requested an entry level separation in hopes of returning under better circumstances. One of his drill sergeants conveniently said he would process his case quickly, if he kept quiet. Instead of leaving training for the confines of a prison cell and a dishonorable discharge, he opted for dignity and the opportunity to be with his mother, who was also experiencing a rough patch in life. The applicant states that he is stronger and is now informed of his protective rights in the Army against sexual harassment. He simply wants to make this situation right and return to the service of his country. He is trilingual, physically fit, and 100 percent ready and committed to the Armed Forces. In a records review conducted at Arlington, VA on 10 March 2017, 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: 11 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 June 2013 (2) Basis for Separation: The applicant failed to embrace the Warrior's Ethos and adhere to policies and procedures. His poor attitude, immature behavior and lack of desire to train were disruptive to the unit, detracted from the mission and affected the building of the team. His aptitude, ability, motivation, and self-discipline were greatly lacking and he had put forth less than 100 percent effort in becoming a Soldier. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 6 June 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 June 2013 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 March 2013 / 6 years b. Age at Enlistment / Education / GT Score: 24 / Bachelor's Degree / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 3 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: Developmental Counseling Form, dated 20 May 2013, for refusing to train. FG Article 15, dated 29 May 2013, for disobeying a lawful order from a superior commissioned officer to conduct training (20 May 2013). The punishment consisted of a reduction to E-1; forfeiture of $758 pay per month for two months and extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 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. 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 his drill sergeant told him to keep quiet about the recurrent homosexual harassment that he had received from fellow trainees and he would process him out of the Army quickly. However, the applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated or harassed. 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. Further, 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 applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant desires to rejoin the Military Service. However, 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 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 10 March 2017, 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 a New Separation Order: 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: 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 AR20160000058 1