1. Applicant's Name: a. Application Date: 15 September 2016 b. Date Received: 14 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable or general (under honorable conditions) and a reentry (RE) code change. The applicant seeks relief contending, in effect, he was informed that he was being cycled out, because he failed two Warrior Ethos Assessment (WEA). The WEA was a pilot program, but, based on the WEA own criteria, he should have been allowed to graduate basic training. He failed the Army Physical Fitness Test (APFT) twice, but the evidence that he provides will reflect that he passed. Army regulations state that as long as he passed his final APFT, with the required scores, he would graduate. The Board will be able to see from his APFT, Test 1, dated 03 February 2016, and Test 2, dated 15 February 2016, scores are the same. In the comments area "1-1-1," is not a 2MR, (two-mile run), it is a 1MR, (one-mile run) and it is not an official APFT. The "1-1-1" is an assessment, and since it is not an APFT, then the statement that he failed two APFT's is not accurate and it should not have been used or considered as one of the reasons to chapter him out. He states, he was disrespectful to an NCO, for which he received counseling, but he did not receive an Article 15. His DD Form 214, states that he completed basic training, but he was required to pay for all of his gear. His gear was collected by the Army and he was not reimbursed the money that he had paid. He states, if the Army wanted him to pay for his gear and equipment, then he should be reimbursed if they take it all back during the separation process. In a records review conducted at Arlington, VA on 14 February 2018, 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: 22 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Failure to adapt to the military environment due to behavioral characteristics that are not in compliance with satisfactory service with poor physical fitness, minor disciplinary infractions and refusing to train, which prevents the successful completion of BCT. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 13 April 2016, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 April 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 January 2016 / 4 years b. Age at Enlistment / Education / GT Score: 24 / GED / 108 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 27 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: Memorandum, dated 4 April 2016, the applicant's commander, summarized the actions leading up to his separation as follows: APFT 1 Failure, PU: 41 / 61 percent, SU: 49 / 59 percent, Run: 19:21 / 29 percent (15 February 2016); Disrespect to a Drill Sergeant (17 February 2016); WEA Failure of 1.622 (20 February 2016); Rehabilitative Transfer to 3rd PLT from 1st PLT (1 March 2016); APFT 2 Failure, PU: 49 / 70 percent, SU: 60 / 73 percent, Run: 16:38 / 59 percent (7 March 2016); WEA Failure of 1.96 (10 March 2016); and, Refusal to train when afforded the opportunity to new start at 3-34th. Two Developmental Counseling Forms, for refusing to train and "1-1-1 Assessment Failure." i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Office of the Inspector General letter; and, DD Form 214. 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. 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 or general (under honorable conditions) and a reentry (RE) code 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. A general discharge (GD) under honorable conditions 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. 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 that he had to pay for all of his gear, but the Army had taken it from him. However, the applicant's issue 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 he did not fail the APFT; and, therefore, should have been allowed to graduate. 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. Further, failing the APFT was not one of the specific reason for his discharge. The applicant was notified of the specific reasons, which served as the basis for his separation on 13 April 2016. The specific reasons were: Failure to adapt to the military environment due to behavioral characteristics that are not in compliance with satisfactory service with poor physical fitness, minor disciplinary infractions and refusing to train, which prevents the successful completion of BCT. 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. In a records review conducted at Arlington, VA on 14 February 2018, 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 AR20160017909 2