1. Applicant's Name: a. Application Date: 28 July 2017 b. Date Received: 4 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to general (under honorable conditions) or honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, injured a knee during physical training and required medical attention to include a prosthetic (specially fitted knee brace with metal bars and patella cup). The applicant did not have any issues prior to the service, and the issues that happened during service were a surprise. The applicant feels as though the commander attributed to a negative outlook and does not believe the character should have been smeared in such a way. In a records review conducted at Arlington, VA on 13 March 2019, 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: 6 October 2009 c. Separation Facts: No, applicant submitted separation file with his application. (1) Date of Notification of Intent to Separate: 23 September 2009 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; as of 8 September 2009, his behavior and discipline has been a constant distraction to the training environment. He has repeatedly come off one profile to get another profile. His poor attitude, immature behavior and lack of desire to train are disruptive to the unit, detract from the mission, and affect the building of the team. He was a waste of cadre time and therefore should separate for the good of the service. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 23 September 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 September 2009 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 July 2009 / OAD / NIF b. Age at Enlistment / Education / GT Score: 33 years / 11 years / 104 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 6 months, 24 days d. Prior Service / Characterizations: ARNG, 13 March 2009 to 12 July 2009 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for various acts of misconduct and being notified of separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; self-authored statement (two pages); two character / support statements; medical documents (six pages); sworn statement (three pages); five Developmental Counseling Forms; and a Chapter 11 discharge packet (22 pages). 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 the characterization of service from uncharacterized to general (under honorable conditions) or honorable and a change to the narrative reason for separation. 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 Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions. 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. The applicant seeks relief contending, he injured his knee during physical training, and required medical attention to include a prosthetic (specially fitted knee brace with metal bars and patella cup). The applicant submitted a Snell Prosthetic and Orthotic Laboratory a patient instruction and warranty information form, dated 27 July 2009, shows that the applicant was seen for a fitting of a prosthetic / orthotic device prescribed by his physician. The applicant further contends, he did not have any issues prior to the service, and the issues that happened during service were a surprise to him. In a sworn statement the applicant stated he realized no matter how hard he tried, he could not perform the activities required of him; because his lungs are not functioning properly. He could not physically perform duties and no longer wanted to be in the Army. The applicant further contends, he feels as though his commander attributed to a negative outlook on him and does not believe his character should have been smeared in such a way. 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 third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 13 March 2019, 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 Authority to: No Change e. Change SPD / RE Code 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 AR20170012352 1