1. Applicant's Name: a. Application Date: 20 November 2015 b. Date Received: 27 November 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, his premature discharge was based on his inability to pass the APFT, which was due to receiving an injury in line of duty. He has received a service-connected disability for the medical condition that caused his discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant may have had a mitigating medical condition (stress fractures) for the reasons which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from September to November 2013. No clinical notes. Laboratory results from September 2013 were unremarkable. Radiology reports reviewed September thru October 2013. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 10 problems (six VA-entered including vitamin D deficiency, stress fractures, other specified arthritis (multiple sites), and others). The Veteran's Administration has service-connected the applicant at 60 percent. In a records review conducted at Arlington, VA on 8 February 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: 25 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 November 2013 (2) Basis for Separation: The applicant failed to adapt to the military environment due to the inability to pass the Army Physical Fitness Test (APFT), which prevented the successful completion of BCT. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 6 November 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 November 2013 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 September 2013 / 4 years, 27 weeks b. Age at Enlistment / Education / GT Score: 31 / MBA Degree / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 2 months, 3 days 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: Modified Automated DA Form 5286-R, Individual Training Record, dated 25 October 2013, shows the training requirements completed or not completed by the applicant in basic combat training. Discharge Orders 324-1321, dated 20 November 2013 i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; applicant's statement; four counseling statements, dated 18, 24, and 30, October 2013, APFT Scorecard, dated 2 and 14 October 2013; ERB; FLAG action, dated 4 May 2013; two Sick Slips, dated 17 October 2013; convalescent leave recommendation, dated 17 October 2013; Chapter 11 Checklist; memorandum; Periodic Medical Examination, dated 4 March 2013; Unit Clearance Record; Modified Automated DA Form 5256-R; Memorandum for Record; Separation Action Control Sheet, dated 18 October 2013; Request for Separation Action; and Staff Action Cover Sheet. 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 status (ELS) 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. 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. 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, 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's available record of service and the issues 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 under the provisions of AR 635-200, Chapter 11, for entry level performance and conduct. The uncharacterized description of service accurately reflects the applicant's overall record of service because he was in an entry level status (ELS) on the date of the initiation of his separation action. 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. Further, a general (under honorable conditions) discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant's service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. The applicant contends the discharge was unjust because his premature discharge was based on his inability to pass the APFT, which was due to receiving an injury in line of duty, further stating that he has received a service-connected disability for the medical condition that caused his discharge. 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 sufficient evidence has been provided with the request for an upgrade of the discharge. In essence, the applicant's ELS was the basis for his uncharacterized service. 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 8 February 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 AR20160000746 1