1. Applicant's Name: a. Application Date: 18 September 2017 b. Date Received: 21 September 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider the applicant for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of an uncharacterized discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, had enlisted as a 09L. When the applicant shipped to the basic combat training, the applicant and fellow comrades had no idea about the hold on that MOS, because they had to process differently from the Regular Army Soldiers, their SF-86 (Questionnaire for National Security Positions) application. Additionally, the investigator was not clear and professional about explaining the form, since it was completed incorrectly at the MEPS (Military Entrance Processing Station). In a records review conducted at Arlington, VA on 1 November 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: Erroneous Entry / AR 635-200, Chapter 7, Section III / JFC / RE-3 / Uncharacterized b. Date of Discharge: 21 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant did not pass the final 09L translator counterintelligence screening interview. The applicant was disqualified for numerous issues regarding false or misleading information concerning his personal history and background, raising concerns about national security. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 10 September 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 September 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 May 2015 / 3 years, 33 weeks b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 72 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 months, 11 days 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: Counseling statement for being recommended for an involuntary separation under the conditions of paragraph 7-15, AR 635-200. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 18 September 2017, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Chapter 7, Section III, Paragraph 7-15 (Erroneous enlistments, re- enlistments, or extensions) stipulates, in pertinent part as it applies to erroneous enlistment, that a Soldier may be separated on the basis of an erroneous enlistment or induction. An erroneous enlistment or induction applies when: (1) it would not have occurred had the relevant facts been known by the Government or had appropriate directives been followed; (2) it was not the result of fraudulent conduct on the part of the Soldier; and (3) the defect is unchanged in material respects. When it is discovered that the enlistment was erroneous because he/she failed to meet the qualifications for enlistment under AR 601-210, the commander would initiated action to discharge the Soldier, based on erroneous enlistment. Correspondence with the following information will be processed to the separation authority: (1) facts relating to and circumstances surrounding the erroneous enlistment or extension; (2) the desire of the Soldier regarding retention or separation; and (3) a specific recommendation for retention or separation, and the reasons, by each commander in the chain of command. The separation authority (paragraph 1-19) will take actions as follows: (1) if doubt exists as to whether an enlistment or extension is erroneous, the case, containing the above information, will be forwarded to Commander, USA HRC (AHRC-EPR-P), requesting such determination; (2) if determined that the enlistment is erroneous, separation, when deemed appropriate, will be accomplished without referral of the case to Commander, USA HRC; (3) if determined that the enlistment is erroneous, but retention is determined to be in the best interest of the Service and the disqualification is waivable (see AR 601-210) by a headquarters below the level of USA HRC (AHRC-EPR-P), retention may be directed at that level, and in such cases, the statement, "Separation considered, and retention is authorized on (date)," will be entered in item 27 of DA Form 2-1 (the original copy will be forwarded for filing in the Soldier's official personnel record); and (4) if determined that the enlistment is erroneous, but retention is considered to be in the best interest of the Service and the disqualification is waivable at HQDA or nonwaivable (per AR 601-210), the case with aforementioned information and the reasons for recommending retention, will be forwarded to USA HRC (AHRC-EPR-P). Further, an approval will be granted only in exceptionally meritorious cases. Where recommendations are not favorably considered by Commander, USA HRC, separation will be directed, and where Commander, USA HRC grants a waiver for retention, actions required in paragraph 7-15c(3) will be accomplished. Except as stated in paragraphs 7-15e and f, Soldiers will be discharged unless they request transfer to the U.S. Army Reserve, have completed 12 weeks of active duty, and have been awarded an MOS, and those Soldiers discharged under paragraph 7-15 will not be held to a statutory service obligation. Separation will be processed under the notification procedure. Finally, Soldiers separated under paragraph 7-15 will be awarded an honorable character of service, unless an uncharacterized description of service is required for Soldiers in entry-level status, under chapter 3, section II. 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 "JFC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 7, Section III, Erroneous Entry. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFC" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed, in pertinent part, by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Accordingly, the applicant requests an upgrade of his uncharacterized discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate due to the procurement of her enlistment through deliberate material misrepresentation. 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 she should have been retained. The applicant contends his discharge was either an error or unjust, because when he enlisted as a 09L and shipped to the basic combat training, he no idea about the hold on the 09L MOS, as he had to process differently, from the Regular Army Soldiers, the SF-86 application, and the investigator was not clear and professional about explaining the form, since it was completed incorrectly at the MEPS. His contentions were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for either an upgrade of the discharge or to change the narrative reason for his discharge. Furthermore, the applicant's service was uncharacterized because he was in entry-level status (ELS) and there are no unusual circumstances present in the applicant's record and his service did not warrant an honorable discharge. 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. Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. 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. Insofar as changing the narrative reason for his discharge, the applicant was separated under the provisions of Chapter 7, Section III, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Erroneous Entry," and the separation code is "JFC." 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. 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 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 1 November 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 AR20170017008 1