1. Applicant's Name: a. Application Date: 9 September 2017 b. Date Received: 14 September 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 to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, at the time of enlistment his medical complication may have been waiverable. His military service / training conduct was not any other "entry-level separation" other than for medical reasons that was not consistent with further military performance requirements. An upgrade helps his credible support to other veterans. In a records review conducted at Arlington, VA on 14 September 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: 8 March 2004 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 March 2004 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he refused to train, shown a complete lack of discipline and motivation, lack the self- discipline and motivation necessary to complete basic combat training (BCT) and he also failed to follow the Army Core Values. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 1 March 2004, the applicant waived his right to consult with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 March 2004 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 February 2004 / 3 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 28 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: CG Article 15, dated 27 February 2004, for having received a lawful; order from Drill Sergeant C., a superior noncommissioned officer, to conduct push-ups, an order which it was his duty to obey, did willfully fail to obey the same (21 February 2004); and having received a lawful; order from Drill Sergeant M., a superior noncommissioned officer, to conduct drill and ceremony reinforcement training, an order which it was his duty to obey, did willfully fail to obey the same (26 February 2004); forfeiture of one half months pay for two months. The applicant received several negative counseling statement for various acts of misconduct being notified of pending separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) and a 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 the characterization of service from uncharacterized to general (under honorable conditions) or honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code. 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 requests a change to the narrative reason for separation to include the RE code. 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 regulation further stipulates that no deviation is authorized. 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. The applicant seeks relief contending, at the time of enlistment his medical complication may have been waiverable. The applicant's enlistment contract for the period under review does not indicate a medical condition existed at the time of enlistment that required a medical waiver for enlistment. The applicant further contends, his military service / training conduct was not any other "entry- level separation" other than for medical reasons that was not consistent with further military performance requirements. The records of evidence shows that the applicant was discharged by reason of entry level performance and conduct, for refusing to train, showing a complete lack of discipline and motivation, lacking the self-discipline and motivation necessary to complete basic combat training (BCT) and he also failed to follow the Army Core Values. 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. The applicant also contends, an upgrade helps his credible support to other veterans. This contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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 14 September 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 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 AR20170017794 1