1. Applicant's Name: a. Application Date: 3 February 2018 b. Date Received: 9 February 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, the applicant was assigned to the United States Military Academy Preparatory School (US MAPS). The applicant then applicant applied to the United States Military Academy with the Commander's endorsement. The commander stated, "I strongly endorse [applicant] for admission to USMA in the Class of 2020." Despite the efforts, the applicant was not accepted into West Point and was separated from active duty on 27 May 2016, as a result of the term of service ending because the applicant was not selected for West Point. Counsel states, under the current regulatory scheme, it is impossible for the applicant's discharge information to result in an uncharacterized discharge. Army Regulation 635-200, paragraph 4-5, the chapter under which applicant was separated, states: "A Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized." The applicant's ten-plus months of active duty service disqualifies the applicant from entry-level status because entry-level status requires "no more than 180 days" of service. Furthermore, because the applicant was discharged after completing a full term of service, the applicant must be awarded an honorable characterization pursuant to AR 635-200 paragraph 4-5, paragraph 11-3. The applicant's service characterization was likely a clerical error as no other reason justifies this deviation from the unambiguous discharge regulations. In a records review conducted at Arlington, VA on 17 April 2020, and by a 5-0 vote, the Board determined that the characterization of service was improper. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Completion of Required Active Service / AR 635-200 / Chapter 4 / KBK / RE-1 / Uncharacterized b. Date of Discharge: 27 May 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 May 2016 (2) Basis for Separation: Completion of Required Active Service (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 May 2016 / NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 July 2015 / 8 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 10 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Admissions Office USMA West Point letter, dated 17 May 2016, reflects the Admissions Committee had completed a careful review of the applicant's candidate file. The applicant was not offered an admission to the West Point Class of 2020. Orders 147-0001, dated 26 May 2016, reflects the applicant was assigned to the USMA Preparatory School Student Detachment, Company B, West Point New York and was discharged from the USAR, effective 27 May 2016. Personnel Action form, dated 26 May 2016, reflects the applicant was separated IAW 635-200 Chapter 4, paragraph 4-1 and 4-2j. Cadet Candidate completed and met USMAPS course requirements, but was not offered admission to attend the United States Military Academy. Enlisted Record Brief (ERB), dated 30 May 2016, reflects a Flag Code "BA", with a Flag Start Date of 10 May 2016, which indicates the applicant was pending involuntary separation or discharge. The Reenlistment Eligibility / Prohibition code reflects "9V", which indicates the applicant was pending separation. The applicant's DD Form 214, reflects he was not transferred to the USAR Control Group upon his separation and did not have a Reserve Obligation Termination Date. The applicant's Last Duty Assignment reflects USMA Prep School CO B MA. Block 18, Remarks, reflects the applicant had completed first full term of service. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Legal brief, with all listed enclosures. 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 3, paragraph 3-7, establishes the types of administrative discharges/character of service. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. Paragraph 4-2j, states Soldiers serving as cadets in military academies whose expiration of enlisted terms of service occur while the Soldier is serving in such capacity will be discharged or released, as appropriate. Paragraph 4-5, states, a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized. 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 "KBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, who are eligible to reenlist or with a DCSS in force and who are discharged on completion of enlistment. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KBK" will be assigned an RE Code of 1. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of his uncharacterized discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 4, by reason of Completion of Required Active Service, with a characterization of service of Uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The service record confirms the applicant had completed the period for which he was ordered to Active Duty to attend the USMA Preparatory School. The evidence of the record reflects that the applicant entered Active Duty on 20 July 2015, for a period of 42 weeks. At the time of the applicant's discharge, the applicant had served 10 months and 8 days on Active Duty. Based on the evidence of the record, the applicant was separated IAW 635-200 Chapter 4, paragraph 4-1 and 4-2j. The applicant while serving as a Cadet Candidate completed and met USMAPS course requirements, but was not offered admission to attend the United States Military Academy. Soldiers processed for separation under this provision will be assigned a Narrative Reason for Separation of Completion of Required Active Service. Further, the Soldier will be assigned an SPD Code of KBK and an RE Code of 1. Based on the service record, it appears that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, Character of Service as "Uncharacterized". The service record confirms the applicant had completed the period for which he was ordered to Active Duty and was not in ELS at the time of discharge. Soldiers completing the period for which ordered to Active Duty will be assigned a characterization of service as Honorable upon discharge. Based on the available record, the discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority and that the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 April 2020, and by a 5-0 vote, the Board determined that the characterization of service was improper. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20180003536 1