1. Applicant's Name: a. Application Date: 3 November 2017 b. Date Received: 7 November 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, has an honorable discharge from the USMC and has had no judicial or nonjudicial punishments in any form, military or civilian. The applicant left the Army with every intention of re-contracting and informed the company commander of these intentions. There is no reason or explanation of why the discharge would not state honorable. The applicant's current intentions are to serve the United States Military as an Air Force Para rescue Jumper, but in order to achieve this, the recruiter has requested that the applicant seek an upgrade. The applicant also opts to contract as an Army Airborne or Ranger or even returning to duty as a Marine. In order to do so, would require a reentry code of 1 or 1A. In a records review conducted at Arlington, VA on 22 May 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: 21 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 March 2017 (2) Basis for Separation: The applicant was informed of the following reasons: He disobeyed the lawful orders of his chain-of-command to conduct and/or restart training. He was formally counseled and provided a reasonable period of time to overcome his deficiencies, but he failed to do so. His conduct and lack of motivation do not warrant continued service in the U.S. Army. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 12 March 2017, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 March 2017 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 November 2016 / 5 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 7 years, 3 months, 7 days d. Prior Service / Characterizations: USMC, 15 December 2009 - 14 December 2013 / HD USMCR, 15 December 2013 - 8 November 2016 / NIF e. Overseas Service / Combat Service: SWA (prior service) / Afghanistan (28 August 2011 - 21 December 2011) f. Awards and Decorations: ACM-CS, SSDR, MUC, NDSM, GWOTSM, MCGCM, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; two DD Forms 214; DD Form 293; 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable conditions. 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. The applicant contends there is no reason or explanation of why his discharge would not state honorable. However, 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. Evidence of the record reflects the applicant acknowledged, on 12 March 2017, receipt of the notice from his commander that informed him of the basis for the contemplated action to separate him. Further, at the time of notification of initiation of separation proceedings, the applicant had 123 days of continuous active duty service; and, therefore, was in an ELS. The character of the applicant's discharge is commensurate with his overall service record. 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 desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 22 May 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 AR20170019675 1