1. Applicant's Name: a. Application Date: 7 February 2018 b. Date Received: 1 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, due to the narrative reason he is unable to effectively apply for remedies available to veterans who are honorably discharged from the military. In a records review conducted at Arlington, VA on 1 May 2020, 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: Defective Enlistment Agreement / AR 635-200, Chapter 7, SEC III / KDS / RE-1 / Honorable b. Date of Discharge: 14 March 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 15 February 2008 (2) Basis for Separation: The applicant enlisted in the Army as a Specialist / E-4 to attend Officer Candidate School (OCS). The unit commander notified the applicant of disenrollment from officer candidate training due to medical reasons, through no fault of his own, the applicant was injured during training and was unable to complete training at the time. In accordance with the OCS Commandant's Policy, as per his discretion authorized in AR350-51 (Officer Candidate School), a combination of profile and recovery time of 30 or more days was cause to relive a Soldier from the course. The applicant's enlistment commitment could not be fulfilled by the Army at the time. As per his contract, he requests separation within 30 days of notice that the Army is unable to fulfill its obligation. (3) Recommended Characterization: The unit commander did not recommend a characterization of service. The intermediate commander recommended an uncharacterized discharge. (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 March 2008 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2007 / 3 years b. Age at Enlistment / Education / GT Score: 33 years / College Graduate / 128 c. Highest Grade Achieved / MOS / Total Service: E-5 / None / 4 months, 29 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: The applicant received a negative counseling statement regarding his pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); memorandum, legal review of Chapter 7-16; Developmental Counseling Form; memorandum, recommending the applicant be relieved From OCS; Memorandum, Administrative Relief from USAIC Course of Instruction; Record of Disenrollment from Officer Candidate-Type Training; Report of Medical Examination (three pages); Report of Medical History (two pages); and Report of Medical Assessment (two pages). 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 7, paragraph 7-16b provides, in pertinent part, an unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment for which the Soldier is qualified and it cannot be fulfilled by the Army through no fault of the Soldier. Soldiers separated under Chapter 7 will be awarded an honorable discharge unless an entry level status separation is required 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 "KDS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 7-16, defective enlistment agreement. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KDS" will be assigned an RE Code of 1. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant requests a change to the narrative reason for separation. 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 "KDS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 7-16, defective enlistment agreement. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, due to his narrative reason he is unable to effectively apply for remedies available to veterans who are honorably discharged from the military. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Of note, at the time of discharge the applicant had completed 4 months, 29 days of creditable active service. 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. AR 635-200, paragraph 7-16j, states Soldiers separated under this paragraph will be awarded an honorable character of service unless an entry-level separation is required under Chapter 3, Section II. 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 May 2020, 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 AR20180002909 1