1. Applicant's Name: a. Application Date: 4 October 2017 b. Date Received: 10 October 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. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 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. The applicant also requests a narrative reason change. The applicant seeks relief contending, in effect, service in the Army, though for only a short period of time, left the applicant physically and mentally disabled due to the physical rigorous requirements, of which the applicant's body was not prepared to take on the conditions of such physical training. The applicant states that while in boot camp, the applicant was first injured within the third week of boot camp, wherein the applicant injured both legs, to include the ankles and feet. The injury was due to completing a rigorous physical exercise and then having to walk three to five miles to the next training exercise. It was then the applicant realized that something was seriously wrong to the point of requesting medical attention by a physician via the Drill Instructor. The applicant was made to complete the exercise and about one and a half weeks later was then allowed to seek medical treatment. The applicant was advised if the applicant did not complete the exercise/training event, the applicant would be held back and restart the training from the beginning. The applicant was later treated at the base hospital where bones scans and x-rays reflected the injuries to be worse than the initial intake evaluation, which was completed just days prior. The applicant was advised at the time, the applicant could not receive a medical discharge as the condition may improve; and, because the applicant was not attached to the "Wounded Warrior Unit." The applicant was discharged went home in Cam Walkers (fracture boots), which are orthotics prescribed to patients who suffer from fractures, most sprains, hairline stress fractures, and soft tissue injuries. The boots are also used to provide immobilization and protection for many types of foot and ankle injuries. Since discharge, the applicant has been treated at a VA Medical Center and notes that the applicant underwent a rigorous physical upon entrance into active duty and was found to be "Fit for Full Duty Purposes." If the applicant had have never joined the military, the injuries and conditions would never have occurred. Based on the sequence of events and in correlation to the short time of service, was injured directly from military service and still has the same injuries. The applicant further details the contentions in an allied statement. In a records review conducted at Arlington, VA on 9 August 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: 23 May 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 May 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The Soldier refuse to participate in training and stated that she did not want to be in the Army. The Soldier has shown a lack of motivation, self-discipline and continued unsatisfactory performance and should not remain in the military. The Soldier has failed to adapt to military standards. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 6 May 2011, the applicant waived her rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 May 2011 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2011 / 3 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 16 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: Several Developmental Counseling Forms for refusing to train; lack of motivation and disregard of the Army Core Values. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with allied statement; three DA Forms 4856; medical treatment records. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her uncharacterized discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with her 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 the narrative reason for the discharge should be changed to a medical discharge. However, the applicant was separated under the provisions of Chapter 11, AR 635- 200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," and the separation code is "JGA." 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. Further, the applicant's requested change to the DD Form 214 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 she should have been medically discharged; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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 9 August 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 AR20170019059 1