1. Applicant's Name: a. Application Date: 23 September 2016 b. Date Received: 23 September 2016 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 his narrative reason for discharge. The applicant seeks relief contending, in effect, that he was advised that his discharge would become honorable after 6 months and that he would be able to rejoin the military after 2 years. He took this option because he wanted to come back and not take a medical separation. He dislocated his left knee and did significant damage to it while in training and could not complete BCT. In a records review conducted at Arlington, VA on 29 November 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 Status Performance and Conduct / AR 635-200, Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 6 May 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 April 2004 (2) Basis for Separation: The applicant was informed of the following reasons: repeatedly presenting a multitude of issues in order to avoid military service, to include alleged medical conditions that he did not disclose to MEP. Each time he was notified he was scheduled to ship to training he reported to sick call at the CTMC and was placed on profile. On 14 April 2004, he reported for a follow up appointment for a previously claimed knee pain but medical personnel reported there was no instability to ligaments, normal x-rays, no identifiable injury, and no abnormality seen. A recommendation was made for the applicant to be separated, as his chances of success in training was extremely poor. He was simply poorly motivated and had failed to adapt to military service. The recommendation of separation IAW AR 635-200, paragraph 11-3b for entry Level Performance or Conduct Failure due to lack of motivation, failure to adapt, and an unwillingness to live up to Army standards of conduct. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 30 April 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Uncharacterized / 4 May 2004 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 April 2004 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 107 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Training Sick Slip, dated 14 April 2004, for follow-up for knee. Counseling Statement reference recommendation of separation from the Army IAW AR 635- 200, Chapter 11. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application to include signature page. 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 and a change to his narrative reason for 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 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. A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty. The applicant's service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. The appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for entry level performance and conduct is "JGA" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, that he was advised that his discharge would become honorable after 6 months and that he would be able to rejoin the military after 2 years. He took this option because he wanted to come back and not take a medical separation. He dislocated his left knee and did significant damage to it while in training and could not complete BCT. The applicant's contentions were noted; however, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. Furthermore, 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 29 November 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 AR20160015700 2