1. Applicant's Name: a. Application Date: 17 January 2017 b. Date Received: 9 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant seeks relief contending, in effect, he was discharged for physical reasons caused by training with over five fractures, including his femur. He was young and took the easiest route out that was offered to him. In a records review conducted at Arlington, VA on 23 May 2018, and by a 5-0 vote, the Board determined that the applicant's characterization of service and reason for discharge was improper because an inappropriate Chapter was used to separate him. The service record shows the applicant was in an entry-level status at the time he was notified of the initiation of his separation process. Accordingly, the Board directed the applicant's characterization of service be changed to Uncharacterized and the reason for the discharge changed to Entry-Level Performance and Conduct, under the provisions of Chapter 11, AR 635-200 with a corresponding separation (SPD) code of JGA. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 10 January 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 October 2004 (Note that the applicant was notified within six months of total Active Duty service.) (2) Basis for Separation: The applicant would not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Appears to have waived on 20 October 2004 (record also indicate he waived consulting with counsel on 23 September 2004, preceding the notification date) (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 October 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 April 2004 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 7 months, 29 days (includes 43 days of excess leave from 29 November 2004 to 10 January 2005, creditable for all purposes, except pay and allowances) d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two DA Forms 4187 (Personnel Actions) for changes in duty status from PDY to AWOL, effective 3 August 2004, and AWOL to PDY, effective 1 September 2004. Negative counseling statements for being informed of an involuntary separation process as an entry-level separation; being AWOL; and failing to conform to the Army Values. Report of Mental Status Evaluation, dated 17 November 2004, indicates the applicant was psychiatrically cleared for any administrative action deemed necessary by his command. i. Lost Time / Mode of Return: 29 days (AWOL: 3 August 2004 to 31 August 2004) / Applicant returned to his unit j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, Unsatisfactory Performance. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned an RE Code of 3. Chapter 11, AR 635-200, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status. This provision of the regulation applies to Soldiers who cannot meet the minimum standards for training, have demonstrated that they are not qualified for retention because they cannot adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self-discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service. The regulation requires an uncharacterized discharge for separation under this Chapter. 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 general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service and the issues submitted with his application were carefully reviewed. The applicant's service record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. However, notwithstanding the propriety of the applicant's discharge, the governing regulations cited below and the applicant's service record indicate he was in an entry-level status (ELS) at the time the unit commander initiated the separation action under the provisions of Chapter 13, by reason of unsatisfactory performance. 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. Army Regulation 635-200 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. 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. Paragraph 13-1 (Policy), stipulates that a "Soldier may be separated per this chapter when it is determined that he/she is unqualified for further military service because of unsatisfactory performance." (See chapter 1, section II) This reason will not be used if the Soldier is in entry- level status status, except as provided in paragraph 11-3c. (Emphasis added) Army Regulation 635-200, paragraph 11-3c(2), in pertinent part, states "[n]othing in this chapter precludes separation under another provision of this regulation when such separation is warranted. However, if separation of a Soldier in entry-level status is warranted by reason of unsatisfactory performance (see chapter 13) or misconduct (minor disciplinary infractions (see paragraph 14-12a)), separation processing will be accomplished under this chapter. As an exception, Soldiers with less than 181 days of continuous active service who have completed IET, been awarded an MOS, and been assigned to a follow-on unit for duty will be processed for discharge under the appropriate chapter (chapter 13 or 14 or another appropriate chapter). (Emphasis added) 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 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 applicant contends that he was young and took the easiest route of being discharged. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 11 is "Entry Level Performance and Conduct," and the separation code is JGA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 23 May 2018, and by a 5-0 vote, the Board determined that the applicant's characterization of service and reason for discharge was improper because an inappropriate Chapter was used to separate him. The service record shows the applicant was in an entry-level status at the time he was notified of the initiation of his separation process. Accordingly, the Board directed the applicant's characterization of service be changed to Uncharacterized and the reason for the discharge changed to Entry-Level Performance and Conduct, under the provisions of Chapter 11, AR 635-200 with a corresponding separation (SPD) code of JGA. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Uncharacterized c. Change Reason to: Entry Level Performance and Conduct d. Change Authority to: AR 635-200, Chapter 11 e. Change SPD / RE Code to: JGA / 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 AR20170001881 1