1. Applicant's Name: a. Application Date: 18 December 2017 b. Date Received: 26 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of a general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her discharge was unjust because she was discriminated against based on her sexual orientation and race. In a records review conducted at Arlington, VA on 28 October 2020, and by a 4-1 vote, the Board determined that the discharge was improper. Based on the applicant's entry level status, the proper discharge and separation procedures were not followed in this case. The evidence in the record confirms that the applicant was under 180 days in service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to uncharacterized, and the separation authority to AR 635-200, Chapter 11. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 31 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 March 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Between 5 January 2016 and 12 January 2016, she committed Assault Consummated by a Battery on three of her fellow trainees. In accordance with AR 635-200, paragraph 14-12c, she had committed a serious offense and her actions had demonstrated she was not suitable for the United States Army. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 9 March 2016, the applicant waived her rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 March 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 January 2016 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 27 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: Law Enforcement Report - Initial - Final, dated 19 January 2016, reflects and investigation determined the applicant did not commit the offense of Abusive Sexual Contact as the events and circumstances detailed in the statements of PVT A., PVT D., and PVT B., did not meet the elements of proof for the offense, however the events and circumstance did meet the elements of proof for the offense of Assault Consummated by Battery. Investigation determined the applicant committed the offense of Assault Consummated by Battery when she touched PVT A. and PVT D. on the hips and PVT B. on the shoulders without their consent. Report of Mental Status Evaluation, dated 22 March 2016, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; Congressional Inquiry. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of Misconduct (Serious Offense), with a general (under honorable conditions) discharge. Army Regulation 635-200, Chapter 3, paragraph 3-9, 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. The record indicates the applicant was notified of initiation of separation proceedings on 9 March 2016, which at the time the applicant had 65 days of continuous active duty service; and, therefore, was in an entry-level status (ELS). A general (under honorable conditions) characterization of service is not authorized for Soldiers in ELS. Soldiers in ELS, who are discharged for misconduct that does not warrant an under other than honorable conditions characterization of service, would require separation 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." The records show the proper discharge and separation procedures were not followed in this case. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 October 2020, and by a 4-1 vote, the Board determined that the discharge was improper. Based on the applicant's entry level status, the proper discharge and separation procedures were not followed in this case. The evidence in the record confirms that the applicant was under 180 days in service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to uncharacterized, and the separation authority to AR 635-200, Chapter 11. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Uncharacterized c. Change Reason to: Entry Level Performance d. Change Authority to: AR 635-200, Chapter 11 e. Change SPD / RE Code to: No change / 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 AR20180000877 2