1. Applicant's Name: a. Application Date: 11 August 2016 b. Date Received: 22 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, he joined the Michigan Army National Guard in 2008 and continued to attend drills once a month until he was discharged in June 2009. He was discharged because of during one of his drill weekends, he injured his knee while running. Eventually, he went to see a doctor where he was told that he had Osteochondritis Discmans. Later, it was determined that he required surgery. After the surgery he had been on crutches for three months and then it was determined he had not healed properly and he had three more screws put in his knee. In June 2009, it was decided that he was no longer fit to be a member of the National Guard and he was separated with an uncharacterized discharge. He states that in September 2009, he joined the United States Army, wherein he had to get a consult for his knee, which was performed by a doctor at the Military Entrance Processing Station. It was determined that he was good to go and he received a waiver and joined in February 2011, he was on way to Basic Combat Training (BCT). He states, it went well for the first few weeks, but he started to feel a strange pain in his knee where he had the surgeries. He told his drill sergeant and instead of doing any physical training, he was supposed to go work with physical trainers and get his knee better. He thought he was better and while on a road march the pain came back, which resulted in him being in trouble with his first sergeant and his drill sergeant because he was not supposed to be doing anything physical. He states he was trying to tough it out, but he was called into his drill sergeant's office and was told that they wanted him to get help for his knee, so they were going to try to get him out fast in order for him to go home and get fixed up and rejoin later. He signed three counseling statements that all read the same that he refused to train and afterwards he signed an Article 15. He was told this was the quickest way for him to get out and get back in, so he decided to do it. He was not able to call anyone as they still had his cell phone and when he did get his phone there was no service within the company barracks. Since he could not call anyone, he sent letters and by the time his letters were received, it was too late. He would like to upgrade discharge to a medical or honorable discharge because he believes he did not do anything wrong. He was not unruly, he did not hit anybody and he followed every rule and order he was given during his month and a half at BCT. Recently, his doctor informed him that he should never had been allowed to join the Army with his knee condition. In a records review conducted at Arlington, VA on 27 October 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: 7 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: Disobeying lawful orders, refusing to train. He had been provided with the counseling and rehabilitation required by paragraph 11-4. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 31 March 2011, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 March 2011 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 February 2011 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 year, 11 days d. Prior Service / Characterizations: ARNG, 25 July 2008 -11 June 2009 / UNC / The applicant's prior service in the ARNG is not reflected on the applicant's DD Form 214. e. Overseas Service / Combat Service: None f. Awards and Decorations: The applicant's service record reflects he was awarded the NDSM, however this award is not annotated on the applicant's DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 19 March 2011, for wrongfully refusing a lawful order to train (11 March 2011). The punishment consisted of a forfeiture of $383 pay (suspended); extra duty and restriction for 14 days; and, an oral reprimand. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; two VA Forms 21-4138; a self-authored statement; and, a letter of support. 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable conditions and a narrative reason change. 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 he was told by his drill sergeant that it would be faster for him to get out of the Army, if he signed counseling forms and an Article 15, instead of going through a medical discharge. He followed everything he was told to do and he was not unruly. The applicant provides a letter in support of his contention. 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 applicant contends the narrative reason for the discharge should be changed to a medical discharge. However, the applicant was separated under the provisions of Chapter 11, AR 635- 200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," and the separation code is "JGA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends that medical issues contributed to his discharge from the Army. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 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 27 October 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160014880 1